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Photogr^hic 

Sciences 

Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14SB0 

(716)  872-4503 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibiiographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


D 


D 


Coloured  covers/ 
Cojverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pelliculie 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gdographiques  en  couleur 


□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bieue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relii  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serrie  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pa^«js  n'ont 
pas  6x6  film6es. 

Additional  comments:/ 
Commentaires  suppl6mentaires; 


Th 
to 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m6thode  normale  de  filmage 
sont  indiquds  ci-dessous. 


n 
n 

n 

7 


D 


Coloured  pages/ 
Pages  de  couleur 

Pages  damaged/ 
Pages  endommagies 

Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxed/ 
Pages  d6color6es,  tachetdes  ou  piquies 

Pages  detached/ 
Pages  d^tach^es 

Showthrough/ 
Transparence 


Th 
pa 
of 

fill 


Or 
be 
thi 
sic 
oti 
fir 
sic 
or 


r~71    Quality  of  print  varies/ 


Qualitd  indgale  de  I'impression 

Includes  supplementary  material/ 
Comprend  ciu  materiel  supplimentaire 


I — I    Only  edition  available/ 


Th 
8h< 
Til 
w» 

Ml 
dif 
en' 
bei 

rig 
rec 
mi 


Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6ti  filmies  6  nouveau  de  fapon  6 
obtenir  la  meilieure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqui  ci-dessous. 

10X  14X  18X  22X 


12X 


16X 


20X 


i2 

24X 


26X 


30X 


28X 


32X 


tails 
du 

sdifier 
une 
nage 


Th«  copy  filmad  hers  has  baan  raproducad  thanks 
to  tha  ganaroslty  of: 

Library  Diviiion 

Provincial  Archives  of  British  Columbia 

Tha  imagas  appaaring  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  lagibility 
of  tha  origins!  copy  and  in  Itaaping  with  tha 
filming  contract  spacifications. 


Original  copias  in  printad  papar  covars  are  filmad 
beginning  with  tha  front  covar  and  ending  on 
the  last  page  with  a  printad  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copias  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  thn  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^^-  {meaning  "CON- 


TINUED"), or  the  symbol  V  (meaning 
whichever  applies. 


'END"), 


Maps,  p'ates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exempiftire  film6  fut  reproduit  grAce  6  la 
ginArosit*  da: 

Library  Division 

Provincial  Archives  of  British  Colun*bia 

Las  Images  sulvantas  ont  AtA  reprodultes  avac  le 
plus  grand  soin,  compta  tenu  de  la  condition  at 
da  la  nettetA  de  i'exemplaire  filmA,  at  en 
conformity  avac  las  conditions  du  contrat  de 
filmage. 

Les  exemplairas  originaux  dont  la  couvertura  en 
papier  est  imprimie  sont  film«s  en  commenpant 
par  le  premier  plat  at  an  terminant  soit  par  la 
derniire  page  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration,  soit  par  la  second 
plat,  salon  le  cas.  Tous  les  autras  exemplairas 
originaux  sont  filmAs  en  commenpant  par  la 
pramiAre  page  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration  et  en  terminant  par 
la  darniAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
darniire  image  de  chaque  microfiche,  selon  le 
cas:  le  symbols  -^  signifie  "A  SUIVRE  ",  la 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmis  A  des  taux  de  reduction  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  filmd  i  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


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SUBSTANCE  OF  A  SPEECH 


// 


DELIVERED  BV* 


ON.  LEWIS  CASS,  OF  MICHIGAN, 


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m  SECRET  SESSION    . 


J,;., A  I 


OP  THE 


SENATE  OF  THE  UNITED  STATES, 


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I 


ON  THE 


RATIFICATION  OF  THE 


OREGON    TREATY, 


♦•V 


WITH    ADDITIONS. 


JULT,  1846. 


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In   tho    jirogress  of  our  controversy   with   ble   usajje,  and  with  but  one  day  between  the 

England,  ^Ir.  President,  for  tho  possession  of  receipt  of  the  mes,5age,  and  our  final  action  up- 

)regi»n,  wo  liave  at  length   reached  the  last   on  it.      So  promptly  indeed,  that  an  honora- 

op  of  our  march.     For  almost  half  a  centu-   bio  Senator  from  Connecticut,  while  rebuking 

that  country  has  formed  a  subject  of  dis-    the  hot  haste,  which  characterized  our  proceed- 

iission  between  the  two  nations,  and  recently    ings,  remarked,  that  we  wore  snatching  at  this 

has  threatened  to  become  a  subject  of  hos-   offer  as  a  hungry  dog  snatches  at  a  bone. 
lities.  Well,  the  advice  was  given  to  the  President 

A  treaty  is  now  presented  to  us,  which,  if  '"  negotiate  with  the  British  govemment.agree- 
tified.wiUtenninate  this  cause  of  difference,   »%  »•>  tl'ci'-  proposition,  and  the  President, 
by  tho  abandonment  of  a  large  portion  of  our   "*•  ^^  ''»<!  previously  announced  to  us  he  would 
claim,  and  what  is  still  worse,  by  the  abandon-   ''"^  •*'  we  recommended  it,  caused  this  projct 
'  iMit  of  more  than  was  over  offered,  or  even    ^«'  P^'-''^  through  the  usual  form.s  of  negociation, 
)ntomplated  in  any  one  of  tho  various  phases    'i"*'  '^  ""^  ^'^™*^^  ^"  "«  »«  ^  treaty,  drawn  up 
oi  this  di|)lomntic  contest.     1  say,  if  ratified,    ^'"^  signed  by  the   proper  diplomatic  agents, 

!ut  it  seems  scarcely  necessary  to  speak  con-    !^"^'  '"^'^'^y  ^'""  ""''  Ratification  or  rejection,  or 
itionally  upon  this  matter.     As  to  the  English    ''"  "^<'''  '»*''  ^^^'  modication. 
overnnient,  it  can  hardly  refuse  its  formal  as-        '^'^'^  first  rcflecti«)n,  which  arises inthc  prac- 

8pnt  to  an  instrument  prepared  by  itself.  It  *'<^^^  consideration  of  this  subject,  is  this,  that 
r)mes  to  us,  as  it  came  from  England,  and  as  ^!'"  proposition  transmitted  to  us  is  not  an  ul- 
as  been  said,  without  "the  crossing  of  a  <  or  t'matum,  or  in  other  words,  it  does  not  contain 
lo  dotting  of  an  /,  untouched  and  unchanged."  '^''®  ^^^^  favorable  terms  we  can  obtain.  It  is 
Lud  as  to  the  issue  of  our  present  discussion,  ^2""J'''<  t"  ^o  "i^t,  in  the  usual  progress  of  di- 
lo  course  it  has  taken,  and  the  vote  wo  have  pl»»mat»c  controversy,  by  a  counftr  projef.  One 
Iready  given,  announce  but  too  clearly,  that  P''^''^y  ^^y^'  ^  ""^  »"  m\ich.  Tho  other  ans- 
•e  shall  return  it,  as  we  received  it,  making  ^*^^^'  ^^'^  I  so  much  ;  and  then  follow  mutual 
s  terms  our  own.  concessions,   till  both    meet    upon    common 

This  is  tho  second  chapter  in  the  history  of  gi""""*!.  ^r  part  to  meet  in  war.     Our  minister 
;is  convention.     As  1  have  said,  it  was  pre-    auhe  British  court,  an  able,  upright  and  expe- 
sired  in  England,  not  jointly  between  our  min-    "enced  statesman,   possessing  the  confidence 
Iter  and  a  Kritish  diplomatic  agent,  but  by    <»f  the  country  and  of  the  administration,  and 
e  British  ministry  ;  and  when  it  reached  the    ^^eserving  it,  has  said  in  a  despatch  dated  18th 

^xecutive,  that  functionary,  in  the  exercise  of  ^^"^y-  ^^'*^'  *"''  'aid  before  us  by  the  President. 

Ml  un(|uestionabie  constitutional  prerogative,  "  ^  J^^V  ^®  considered  certain  also,  in  ray 
ibmitted  it  to  the  Senatti,  asking  their  advice,  op"»on.  that  the  offer  now  to  be  made  is  not 
jspecting  the  expediency  of  accepting  its  stip-   ^"  ^e  submitted  as  an  ultimatum,  and  is  not  in- 

lliitions,  and  accompanyitig  this  application  tended  as  such."  "It  has  not  received  my  coun- 
ilh  an  une(juivocal  declaration,  that  hit  own    tenance." 

unions  on  the  Oregon  qucntivn,  antttmnred  ^^^  '"  another  part  of  his  despatch,  he 
*  his  anmial  tnrxsagv  at.  the  commencement  of  ^peaks  as  distinctly  and  unequivocally  upon 
IP  present  Kes.i'mi  of  Cnngress,  "  remain  un-  *'"^  subject.  "  Feeling  very  sure,  however, 
inngeii:'  The  advice,  thus  asked,  was  ^^"*  ^^^  present  offer  is  not  made  or  intended 
romptly  given,  without  printing  the  papers,   ?*  *"  ultimatum,  I  think  it  only  reasonable  to 

W  referring  the  subject,  agreeably  to  invaria-   '''^®'*  *°  expectation  on  the  part  of  those,  who 


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'  are  offering  it,  not  only  that  nutdifications  may 
be  BUggestod,  but  that  they  may  bo  reasonably 
re'--  lired." 

"  I  do  not  think,"  says  Mr.  McLano,  "  tliere 
can  be  much  doubt,  however,  that  an  impress- 
ion has  been  produced  here,  that  tlie  Senate 
would  accept  the  proposition  now  offered,  at 
least  without  any  material  modification,  and 
that  the  President  would  not  take  'he  respon- 
sibility of  rejecting  it,  without  consulting  the 
Senate." 

"  If  there  be  any  reasonable  ground  to  en- 
tertain such  an  impression,  however  erroneous, 
an  offer  less  objectionable,  in  the  first  instance, 
could  hardly  be  expected." 

Certainly  not,  and  circumstances  indicate 
that  this  impression  of  the  British  governmenr, 
respecting  the  action  of  the  Senate,  will  not  bo 
irroneom. 

And  why  this  hot  haste  ?  Is  there  any  thing 
in  the  state  of  tiiis  controversy,  or  in  the  rela- 
tive condition  of  the  two  countries,  which  re- 
quires us  to  act  precipitately,  sacrificing  our 
own  just  rights,  lest  the  future  should  deprive 
us  of  the  present  opportunity  of  purchasing 
security  by  concession  ]  Till  the  expiration 
of  a  year,  from  the  time  of  the  notice  of  the 
dissolution  of  the  existing  convention  was  giv- 
en, and  till  one  of  the  parties  shall  provide  for 
an  exclusive  occupation  of  the  country  in  dis- 
pute, this  controversy  cannot  become  an 
armed  contest.  And  within  that  period,  we 
can  communicate  our  own  views  more  than 
twenty  times  to  the  British  government,  and 
more  than  twenty  tines  receive  their  accept- 
ance or  modification  of  them.  Surely  this  is 
verge  enough  for  consideration,  without  rushing 
to  a  decision  at  the  expense  of  our  interests, 
not  to  say  of  our  honor. 

The  honorable  Senator  from  Missouri  has 
said  with  great  candor,  "They,  (the  British 
ministers,)  have  not  made  their  proposition  an 
ultimatum;  they  leave  it  open  to  our  objections, 
and  of  course  to  modifications.  I  have  no 
doubt  the  three  minor  articles  might  be  modi- 
fied to  my  entire  satisfaction."  And'  what 
are  the  provisions  of  the  articles  thus  denomi- 
nated minor  and  not  deemed  worthy  of  an  at- 
tempt at  modification  1 

One  of  them  grants  the  free  navigation  of  the 
Columbia  River;  another  the  possessions  of 
the  Hudson  Bay  Company  and  of  all  other  Bri- 
tish subjects  down  to  the  parallel  of  42  =  ,  and 
the  third  the  confirmation  of  the  "  farms,  lands 
and  other  property  of  the  Pugets  Sound  Afiri- 


culturai  Company  nortii  of  the  Columbia  Ri- 


ver. 


And  what  reason  is  given  by  the  Senator 
from  Missouri  for  the  iiistiintancous  ratification 
of  the  treaty,  with  this  knowledge!,  that  by  ask- 
ing we  shall  obtain  the  relinquislmicnt  of  tht-so 
demands  ;  in  the  ciise  of  the  navigation  of  the 
Columbia  River,  known  to  hv  injurious  in  it- 
self, and  particularly  unacceptable  to  the  Ameri- 
can people ;  and  in  the  case  of  the  grants  and 
confirmations,  without  the  least  evidence  to 
guide  us,  as  to  their  number,  value  or  position  ] 
Why,  two  motives  for  innnediate  action  are 
])resenteil.  One,  that  the  business  of  the  conn- 
try  is  suffering;  and  the  other,  that  we  are  at 
war  with  Mexico,  and  that  so  long  as  our  diffi- 
culties are  unadjusted  with  (Jreat  i^ritain,  that 
circumstance  icill  liuvc  an  cnruurditiiii;  hifluctm: 
im  the  .ynrifji  of  our  ticitilihor.  "  Let  llic  treaty 
be  ratified — let  the  news  of  the  ratification  go 
to  Mexico,  and  the  tidings  of  that  event  will  dri 
more  than  an  army  with  banners  to  turn  her 
thoughts  npon  peace  with  the  United  States. 
Peace  will  then  be  her  policy,  &c." 

I  am  not  at  all  disposed  to  analyze  these  views. 
I  woiild  merely  remark,  that  happen  what 
may,  we  are  seeking  a  doubtful  good,  at  the 
certainty  of  a  great  sacrifice.  I  think  the  hon- 
orable Senator  from  Indiana  has  clearly  shown, 
that  the  low  price  of  flour,  charged  by  the  Sen- 
ator from  Missouri  to  "these  rumors  of  war," 
has  its  origin  in  an  abundant  crop  and  a  limited 
demand,  and  has  little  to  do  with  the  Oregon 
controversy.  But  suppose  we  proceed  with- 
out delay  lo  give  our  assent  to  this  treaty,  wa- 
jor  and  minor  ardrlcs  and  all,  and  we  should 
find  that  markets  did  not  rise  in  conscfjuence 
of  if, :  that  though  "  there  is  not  a  farmer  but 
what  has  suffered  in  the  price  of  his  produce," 
yet  that  he  would  equally  suffer  then,  and  that 
the  business  of  the  country  wf)uld  not  feel  that 
elastic  bound,  which  is  confidently  predicted, 
as  the  motive  and  reward  of  our  acquiescence  1 
Suppose  the  war  with  Mexico  should  go  on, 
with  that  obstinacy  of  perseverance  and  reck- 
lessness of  consequences,  which  mark  the 
Spanish  character,  andthatits  "expense  fornny 
one  half  day  of  the  time,  or  tiie  very  outside, 
three  quarters  of  a  day,"  should  not  come  to  be 
weighed  in  the  balance  against  fhosr  minor  ar- 
ticles, involving  as  they  do  our  honor  and  our 
interests  ;  and  if  our  "  neighbor"  should  not 
"  turn  her  thoughts  upon  peace,"  what  then  '! 
Why,  we  should  have  low  prices  and  a  Mexi- 
can war.  without  even  the  consolation  that  vee 


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gross  of  thi 

no  farther  t 

pression  frc 

more  from 

which  kaoe.'  i 

as  gently  as 

I  said  so 

sentiment 

ment  of  th 

subject,  upo 

without  crii 

who  believ( 

"dear  and 

it  ought  to  \ 

-rtbr  its  whoh 

Those,  on  tl 

involved  in 

ito  restrict  it 

ablish  a  lin 

ijiiations.     A 

there  is  ano 

tinacity,  am 

in  the  first  p 

the  line  of  i 

that  any  adi 


\\. 


\  iv 


T 


olumbia  Ri- 

tlio  Soniitor 
8  ratification 
that  liy  ask- 
iciit  of  th<!rto 
;atioM  of  tlio 
iirious  ill  it- 
otlio  Ameri- 
j  f^raiits  and 
evidence  to 
or  position  ] 

uctiuii  are 
of  the  conn- 
at  we  are  ut 
[  as  our  diffi- 
Hi'itain,  that 
^iti<!  injliirrur, 
L»t  the  treaty 
tificatioii  po 
Bvent  will  do 

to  turn  her 
lited  States. 

I  these  views, 
ippen  what 
!T()od,  at  the 
ink  the  hon- 
early  shown, 
\  by  theSen- 
irs  of  war," 
md  a  limited 
the  Oregon 
oceed  with- 
I  treaiy,  ma- 
we  sliould 
^onsccjuence 
I  farmer  but 
is  produce," 
en,  and  that 
not  feel  that 
predicted, 
juiescence  1 
ould  go  on, 
e  and  reek- 
mark  the 
lenselbrnny 
ory  outside, 
\  come  to  be 
i.sr  minor  ar- 
nor  and  our 
should  not 
what  then '! 
md  a  Mexi- 
ion  that  we 


had  demanded  for  our  country  what  Eitgland  ull  we  ought  to  have ;  and  then  it  assumoB 
is  prepared  to  concede.  I'euco  will  come,  but  that  the  terms  of  this  treaty  secure  to  us  this 
we  shall  owe  it  to  other  cuiisos  than  this  troa-  parallel,  and  that  tlieninit/i  ire  ouif/i/  nitl  only  to 
ty — to  the  wisdom  of  the  government — to  tlio  hr  vnnlcnt,  but  jiroud  of  our  success.  'J'lioso 
exertions  of  the  country,  and  to  the  valor  of  the  /«  Pi'dim  are  the  lillh'  hits  of  ruhhigli,  which, 
army ;  and  so  will  higher  prices,  which  we  though  tlufy  do  not  obstruct  my  path,  still  an- 
shall  owe  to  the  immutable  laws  of  supply  and  iioy  me,  and  which  I  must  riiHore.  J f  this 
doinand;  but  1  doubt  if  we  can  buy  either  treaty  settled  the  boundary  upon  the  parallel 
j)eaco  or  prices  by  precipitancy  or  submission,  of  40",  and  were  oHered  as  a  compromise,  the 
Three  years  since,  the  Senator  in  a  debate  result  of  mutual  concession,  though  1  could 
upon  the  Oregon  bill,  laid  down  the  true  doc-  not  concur  in  the  sentiment,  still  I  should  dis- 
trino  in  national  controversies.  "  1  grant  that  charge  my  duty  by  a  silent  negative  vote. — 
(Ireat  Jtritain  will  take  offence  at  us,  but  that  JJut,  in  my  (jpinion,  there  is  no  occasion  for 
is  not  the  question  with  me.  Has  she  a  right  gratulatiim  or  national  laudation,  as  though  we 
to  take  offence  (  That  is  my  (piestion,  and  had  achieved  u  conquest ;  and  thinking  so,  1 
ftliat  being  decided  in  the  negative,  1  neither  shall  say  so,  and  shall  say  it  plainly, 
fear  nor  calculate  consecjuencus."  "  Courage  The;  Senator  from  Missouri  is  highly  content 
will  head  her  off.  Fear  will  biing  her  upon  with  this  arrangement  and  says  "The  first  ar- 
us.  The  assertion  of  our  rights  will  command  tide,"  that  which  establishes  the  boundary,  "is 
her  respect ;  the  fear  to  assert  them  will  bring  in  iho  very  words,  which  1  myself  would  have 
us  into  contempt."  This  text  reciuiresnocom-  used,  if  the  two  governments  had  left  it  to  me 
mentary.  to  draw  the  boundary  between  them."     "  For- 

i      Mr.  J^rosident,  the  general  qutistion  of  our    ty-nine  is  the  line  of  right  and  of  mutual  con- 
I  title  to  Oregon  has  been  discussed  and  exhaust-    vcn'.ence  between  the  two  powers,  offered  by 
1  ed  in  both  Houses  of  Congress,   recently  and    us  since  the  time  of  Mr.  .TefTerson  and  won- 
5  formerly.     To  introduce  it  upon  this  occasion    derfully    adapted  to  the  natural    divisions  of 
'  would  bo  erjually  unnecessary   and  unprofita-    the  country  and  the  actual  possessions  of  the 
I  ble.     I  shall  undertake  no  such  work  of  super-    two  parties."     "  Mr.  Jefl'eraon  ofl'ered  this  line 
,1  erogation.     I  did  not  intend  even  to  allude  to    in    its  vvbolo  extent   in    1807  ;    Mr.    Monroe 
;what   passed   in  this  body,    during   the  pro-    made  the  same  offer  in  1818;  Mr.  Adams  of- 
gress  of  this    subject,    and  I  shall  do  so  now,    fered  it  in  182G  ;  Mr.  Tyler  in  1842,  and  Mr. 
no  farther  than  is  necessary,  borrowing  an  ex-    Polk  in  1845;"  "and  by  ull  except  the  last  as  a 
J|pression  from  the  Senator  from  Missouri, /«  rr-   line  of  right."     "It  is  a  marvellously    proper 
Mori:  from  m}l  path  certain  little  hitx  of  rubbish,    line,  and  does  greathonor  to  the  discernment,  or 
wliirli  hnm'-bvi'ii  tkrowa   there.     I  shall  do  that,    illustrates  the  good  fortune  of  the  French  and 
as  gently  as  may  be.  British    commissioners,   under  the   treaty   of 

'■■^     1  said  sometime  since,  sir,  and  1   repeat  the    Utrecht,  by  whom  it  was  so  long  ago  estab- 
tsentiment   now,  that  the    terms  of  'he  settle-    lished." 

ment  of  this   question  with   England,   was   a        1  am  not  going  to  dig  up  the  treaty  of  Utrecht 

subject,  upon  which  we  might  reasonably  differ,    from  its  quiet  archaeological   grave.     I  leave 

without  crimination  or  recrimination.     Those,    it  "alone  with  its  glory."     Its  day  has  passed 

who  believe    that  our  title  to  all  Oregon  is  so    by.     It  is  an  obsolete  idea.     Not  even  the  Sen- 

'"cloar  and  unquestionable,"  that  no  portion  of  ator  from  Missouri,  with  his  great  powers,  can 

it  ought  to  be  rehnquished,  may  well   contend    breath    into  that  by  gone  work,  the  breath  of 

•irfor  its  whole  extent,  and  risk  the  consequences,    life.     But    were  it   otherwise,    and   were   the 

I  Those,  on  the  contrary,  who  consider  our  claim    parallel   of  49"  established    by   the    treaty  of 

I  involved  in  reasonable  doubt  may  well  consent  Utrecht,  what  justification  could  we  have  for 
to  restrict  it  within  narrower  bounds,  and  to  es-  entertaining  this  proje.t,  or  even  for  receiving 
tablish  a  line  of  compromise  between  the  two  it  ?  If  England  and  the  l^^nited  States,  through 
ttiiaticms.  All  this  is  fair  and  reasonable.  But  France,  whose  title  wo  hold,  fixed  that  paral- 
^  there  is  another  view,  pressed  with  gri'.at  per-    lol,  as  the  boundary  of  their  possessions,  ex- 

tltinacity,  and  with  which  I  cannot  concur.  It,  ioi'dir.g  to  the  Western  Ocean,  what  is  this 
in  the  first  place,  exhibits  the  parallel  of  49"  as  goveniment  negotiating  about,  and  what  is 
the  line  of  ri^^ht  and  of  Jig  hi,  as  giving  us  all  tliis  Senate  disoissing  ]  The  demand  by  Eng- 
that  any  administration  ever  aaked  before,  and   land  of  "one  inch  or  acre"  south  of  that  Ime 


« 


would  he  as  (lishoneHt,  us  it  would  he  iirognnt, 
nut  to  Bay  impudnnt;  and  our  HubmutHiun 
would  hrand  us  with  ovoiliistiiij^  disijriico. — 
Wo  havo  jjot  her  hoiid,  aMsigiied  to  uh  i>y 
France,  and  her  hond  is  all  we  shall  have,  if 
we  yield  to  her  present  pretensions,  and  sub- 
stitute a  treaty  of  Washington  for  a  treaty  of 
Utrecht  with  its  "  iiiarvvllomhi  prn/u:!-  lint."  If 
this  assumption  be  true,  the  two  jrfivennnents 
have  been  playinir  a  most  unwortiiy  part  be- 
fctre  the  world  for  half  a  century.  Unworthy 
of  the  one,  which  in  eflcct  denies  its  own  sol- 
emn compact  and  disrcpfards  it ;  coolly  do- 
mandinjT  a  large  slice  of  the  territory,  it  has 
acknowledged  to  be  ours  ;  and  of  the  other, 
which  receives  the  demand,  with  equal  cool- 
ness, and  prepares  to  yield  to  it. 

But,  sir,  bad  as  this  claim  is,  it  is  not  so  bad 
as  that.  The  country  now  knows,  that  no  line 
west  of  tlio  Rocky  Mountains  was  established 
under  the  treaty  of  I'trecht,  and  that  hi  fact, 
no  such  line  could  have  been  established. 

It  knows,  that  the  stipulations  of  that  treaty 
extended  oidy  to  the  French  and  English  colo- 
nies. 

It  knows,  that  the  countiy  on  the  North 
West  Coast  was  then  in  effect,  unknown  and 
unclaimed,  or  if  claimed  at  all,  it  was  by  Spnin. 

It  knows,  that  in  the  statement  of  the  Jhi- 
tish  claim  by  the  JSritish  negotiators,  this  trea- 
ty of  Utrjcht  was  never  once  alluded  to,  and 
that  the  voyage  of  Capt.  Cook,  in  1778,  was 
urged  by  them  as  the  origin  of  their  title. 

It  knows,  that  the  recognition  of  the  Spanish 
title  in  1790,  by  Great  Britain,  under  the  Noot- 
ka  Sound  Convention,  was  utterly  inconsistent 
with  the  notion  of  a  division  of  that  region 
between  France  and  England,  three-fourths  of 
a  century  before. 

It  knows,  that  if  such  aline  had  been  thus 
established,  better  evidence  of  the  fact  ought 
to  be  produced,  than  loose  and  contradictory 
assertions  of  obscure  authors ;  not  one  of 
whom  wrote  contemporaneously  with  the  al- 
leged transaction,  and  not  otic  of  whom,  when 
carefidly  examined,  assorts  that  a  line  was  es- 
tablished, under  the  treaty  of  Utrecht,  as  a 
boundary  between  the  English  and  French 
possessions  from  the  Atlantic  to  the  North 
1  West  Ocean,  upon  the  parallel  of  49^.  Better 
jevidence,  than  is  furnished  by  the  collections  of 
Mr.  Kennedy,  the  recollections  of  Mr.  Pitkin, 
Ithe  communications  of  Col.  Pickering,  or  post 
jprandium  conversationa  at  the  table  of  Mr. 
Jefferson. 


it  knows  and  finds,  that  the  task  of  proving 
the  establishment  of  this  line  devolves  upon 
those,  who  would  limit  their  country's  clauns 
by  it;  and  that  nothing  but  an  authenticated 
copy  of  the  proceedings  of  the  commissioners, 
from  the  archives  at  London  or  i'aris.  should 
be  received  as  evidence,  or  entitled  even  to  the 
slighest  consideration. 

So  much  for  the  treaty  of  Utrecht  and  for 
the  line,  which  was  nut  established  under  it. 

Ihit  unfortunately  the  terms  of  this  treaty 
do  not  give  us  the  parallel  of  49"  for  a  bound- 
ary. And  thertjfore  it  cannot  give  us  whatthe 
Senator  from  Missouri  says  was  a  line  of  right; 
offvird  hi/  nil  pncrdiiiif  (idminintnitiom.  A  lini-. 
of  rialit  ojl'crcd  o.t  suc.'i  liif  all  prefvdiiin  admin- 
ixt/alioHx  !  "  In  its  whole  extent  by  Mr.  .lef- 
ferson."  Of  this  fact,  as  lu)  proof  is  furnished, 
I  may  be  permitted  to  remove  it  out  of  tlie 
way.  1  know  of  no  document  nor  even  ron- 
rvrmliitn,  vvhicii  shows,  that  such  an  ofi'er  was 
(!ver  ma»le.  Ihit  we  have  an  autlu^ntic  paper, 
which  proves  that  Mr.  Jellerson  did  not  and 
would  not  make  such  an  offer,  and  that  he  re- 
jected a  Convention  formed  with  England,  be- 
(;auso  it  alluded  to  rights  of  the  United  States 
and  of  that  country  west  of  the  Rocky  Moun- 
tains, and  seem«;d  to  assert  their  existence  by 
necessary  implication.  "  However  reasona- 
ble," said  Mr.  Madison  in  a  despatch  to  Messrs. 
Monroe  and  i'inckney,  dated  July,  1807,  "our 
claims  may  be,"  (that  is,  "  our"  claims  "  on 
the  continent  of  America,  beyond  the  Stony 
Mountains,"  in  the  words  of  the  rejected  Con- 
vention) "  compared  with  those  of  others," 
(evidently  meaning  England)  "  it  is  impolitic, 
especially  at  the  present  moment,  to  strengthen 
Spanish  jealousy  of  the  United  States,  which 
it  is  probably  an  object  of  England  to  excite 
by  the  clause  in  question." 

Ho  much  fur  ike  offer  of  this  line  in  its  whole 
ext-enl  hi/  Mr.  JtJfWxon. 

But  whatever  offer  was  made,  it  was  not 
only  an  offer  east  of  the  Rocky  Mountains, 
but  it  was  made,  as  is  now  perfectly  under- 
stood, when  some  obscure  authorities  had  in- 
duced the  presumption,  not  the  belief,  for  Mr. 
Madison  clearly  expressed  his  doubts  of  their 
authenticity,  that  a  boundary  line  had  been 
established,  between  the  English  and  Fiench 
possessions  on  the  parallel  of  49",  under  the 
Treaty  of  Utrecht.  And  it  was  made  some 
years  before  our  title  to  the  whole  of  Oregon 
was  strengthened  and  perfected  by  the  cession 
of  Spain. 


So  muc 
.Jefferson, 
the  positio 
line  of  rig 
cepted  us 
but  of  the 
tains. 

But  the 
Missouri,  h 
tions  succe 
liave  condt 
«!xcept  tha 
"By  Mr. 
before  our 
Yherefiire 
Kut,  howe\ 
pffer  was  ir 
judged  by  I 
jVlossrs.  Ua 
I'oe's  direct 
Hpanish  cef 
of  the  Coh 
und  "  the  ft 
in  the  coun 
citizens." 
that  the  Un 
^this  countrj 
but 
good  t 
i    III  1823  I 
tovernmont 
boundary   t 
fitates. 
]    Mr.  Rush 

t"  f  Mr.  Moil 
Hi  whole  c 
flip  as  the  />] 
assoited  liki 
States,  aa 
C)ther  nation 
fnents  upoi 
coast." 

He  said  a 
Paris  in  170 
-pf  (rroat  Bi 
|i^rississippi. 
!  Mr.  (iallii 
^on  of  Mr. 
Itent  had  re 
promise  ma 
ovenimont 
Dleased  fro 
a  precedi 
bcrfi/  to  CO} 
Istinctly  sh 


•this  couni 

iVlaim,)  bi 

least  goo( 

In  182; 


;  of  provinpf 
olves  upon 
itry'H  cluiinn 
itheiitirat»(i 
imiaHiuiiei-H, 
iiris,  Hliiiuhi 
oven  t(>  the 

H'.ht  and  for 
under  it. 
r  tliia  treaty 
ar  a  buund- 
us  what  the 
ino  of  rijflit; 
■>iu.  A  line 
li/iS  admin- 
hyMr.  .lef- 
n  furnislied, 
out  of  llio 
r  oven  nm- 
n  oftor  was 
'Mtic  paper, 
lid  not  and 
tliat  lie  rc- 
!n)rland,  be- 
lited  i^tates 
icky  Moun- 
tistenro  by 
,'r  reasona- 
1  to  Messrs. 
1807,  "our 
claims  "  on 
the  Stony 
ected  Con- 
)f  others," 
i  impolitic, 
strengthen 
ites,  which 
I  to  excite 

1  its  wJiole 

was  not 
VIomitains, 
;tly  under- 
E38  liad  in- 
ef,  for  Mr. 
)t8  of  their 
had  been 
d  French 
under  tlie 
ade  some 
)f  Oregon 
le  cession 


iSo  much  fortho  value  of  tliis  otter  of  Mr. 
JeHersfin,  even  if  it  were  made,  as  eHtablishing 
the  position,  that  the  parallel  of  4!)"  is  now  u 
line  of  right,  iHicuuse  it  would  have  been  ac- 
cepted as  a  boundary  in  1807,  not  of  Oregon, 
but  of  the  country  east  of  the  Rocky  Moun- 
tains. 

Hut  the  same  offer,  says  the  Senator  from 
IMIssouri,  has  been  made  by  all  the  administra- 
tions succeeding  that  of  Mr,  Jeflerson,  which 
have  conducted   this  negotiation,  and   by  .all, 
except  that  of  Mr.  Polk,  as  "a  lino  of  right." 
"i{y  Mr.  Monroe  in  1818."  And  this  too  was 
before  our  purchase  of  the  Spanish  claim,  and 
\herefore  has  no  bearing  upon  our  (inment  title. 
Kut,  however  this  may  be,  the  assertitm  that  the 
tt'er  was  made  as   a  "  line  of  right,"   may  be 
udged  by  this  fact,  that  our  negotiators  in  1818 
iossrs.  Gallatin   and  Rush,  under  Mr.  Mon- 
(je's  direction,  and  this  too  was  yet  before  the 
'Spanish  cession,  asserted  the  first  exploration 
of  the  Columbia  river  by  the    United  States, 
und  "the  formation   of  the  first  establishment 
in  the  country,  through  which  it  flows  by  their 
citizens."     They  added,  "  They  did  not  assert 
that  the  United  States  had   a   perfect  right  to 
tiiis  country,  (evidently  alluding  to  the  Spanish 
A^laim,)  but  "insisted   that  their  claim  was  at 
least  good  against  Great  Britain." 
^    In  1823  Mr.  Monroe  proposed  to  tiie  British 
tovenimont  the  latitude  of /il",  as  the  nortlieni 
poundary   of  the   possessiims   of  the    United 
estates. 

■  Mr,  Rush,  in  1824,  acting  under  the  orders 
f  Mr.  Monroe,  claimed  for  the  United  States 
le  whole  country  from  42"  "  to  at.  Iiant  as  far 
flip  as  the  .Olst  degree  of  north  latitude."  Ho 
assoited  likewise,  that  the  claim  of  the  United 
Btates,  as  high  up  as  60",  wouhl  "  preclude 
J>ther  nations  from  forming  colonial  establish- 
fnents  upon  any  portion  of  the  American 
coast." 

He  said  also,  "  It  won  clear  by  the  treaty  of 
Paris  in  1763,  that  her  territorial  rights,  (those 
'pf  Groat  Britain)  were  bounded  west  by  the 
Idississippi." 

1  Mr,  Gallatin  in  1827,  under  the  admitdstra- 
t|on  of  Mr.  Adams,  after  the  British  govern- 
tient  had  refused  to  accept  the  otter  of  com- 
pfomise  made  to  them,  announced,  that  the 
)venjmont  of  the  United  States  were  now 
leased  from  any  obligation  imposed  by  that 
a  preceding  offer,  und  wovM  henaforth  he  at 
erty  to  contend  for  their  whole  claim,  which 
stinctly  shows,  that    the    offer  of    49°  was 


an  offer  of  concession,  and  not  of  rigid. 

'J'ho  Senator  from  South  Carolina  (Mr.  Cal- 
houn) who  conducted  the  negotiation  under 
Mr.  Tyler,  claimed  for  the  United  States 
"the  territory  drained  by  the  Columbia  river," 
which  extends  probably  to  the  fifVy-third  par- 
allel. He  says,  "  he  thinks  he  has  shown  a 
clear  title  on  the  part  of  the  I  'nited  States  to 
the  whole  region  dniined  by  the  C(dumbia." 

And  these  are  the  claims  of  the  administra- 
tions of  Mr.  Monroe,  of  Mr.  Adams,  and  of 
Mr.  Tyler,  t'ac//  if  which  offered  49"  a»  a  line 
of  riffht,  as  is  now  asserted;  but  each  of  which, 
as  is  here  shown,  caniod  our  title  far  north  of 
that  limit,  and  agreed  to  accept  it  in  a  spirit 
of  compromise. 

The  hea<l  of  one  f»f  these  admiinstrations 
is  now  living,  and  holding  a  seat  among  us  in 
the  councils  of  his  country.  He  was  also  in  the 
cabinet  of  Mr.  Monroe,  and  charged  with  the 
adjustment  of  this  controversy.  He  has  said, 
in  the  House  of  Representatives,  this  very  aes- 
fiion,  that  "  we  have  a  right  to  the  whole  of 
Oregon;"  and  again,  "She  (Great  Britain) 
had  no  claim  whatever."  And  the  Senator 
from  South  Carolina  (Mr.  Calhoun)  who  was 
Secretary  of  State  under  Mr.  Tyler,  speaking 
of  the  (Conventions  of  1818  and  of  1S27,  told 
us,  not  long  since,  that  "  if  we  could  at  that 
time  have  obtained  the  latitude  of  49"  as  a 
mmpromixf  hovndunt,  't  vvoidd  hav«;  been  well 
to  have  done  so."  "  Negotiation  must  end  in 
i:<mii>romiftv  (not  in  lines  of  right)  or  war."  *'  I 
also  saw,  that  if  we  romimnni.sed,  it  must  be  on 
the  parallel  of  49""     "I  go  im' cinnj>roiniae." 

And  the  honorable  Senator  from  Missouri 
himself,  speaking  of  the  parallel  of  49",  de- 
clared in  1842,  that  "without  giving  us  what 
wo  were  entitled  to  by  the  right  of  discovery, 
and  as  the  successors  of  Spain,  it  would  still 
take  from  Great  Britain  all  she  wanted." 
That  "as  claiming  from  Spain,  our  title  is 
good  against  England,  throughout  the  whole 
coast." 

"  The  British  are  excluded  from  the  Noitli 
West  coast  of  America,  for  all  the  purposes 
of  settlement  and  of  c>-.  i sation,"  "Our 
title  is  clear,  that  of  the  British  null.  She  sets 
up  none.;  that  is,  she  states  no  derivation  of  it. 
There  is  not  a  paper,  upon  the  face  of  the 
earth,  in  which  a  British  Minister  has  stated  a 
title  or  even  a  claim.  They  have  endeavored 
to  obtain  the  country  by  the  arts  of  diplomacy, 
but  have  never  stated  a  title,  nor  ever  can  state 
one."     "  Her  title  is  her  will  and  her  arms." 


Ami  liorn,  Imt  llio   ntlior  dny,  fhe  Sonalor   vn  (Juf  ofi/nipl''  dhfriif,  andi/.ii/ivnluah/r  irufnt. 


saiJ,  '  1  tliink  tho  I'rcsidont  did  right  to  reiniw 
tho  offer  of  cuinproiniic,  liis  predocessorH  hud 
made." 

"  Thoso  are  groat  points  gained  by  the  re- 
newal of  the  lihmd  offor  of  cnmpromm,  and  1 
rejoice  that  we  have  gained  them." 


rirer  and  rullii)   of  tlw. 
I'ltaiTIMi    LINK   op   Tilt: 


and  xerurm  to   tt.t  the 
( ^nlumhui.      It  is    tlie 
Unitki)  Statkh." 

Tiiis  line,  tht»  honorable  Senator  tells  us 
now,  "  /'#  a  murvrllnufily  proper  line,  and  </w,t 
fervid  honor  to  the  dinnniniriit,  or  illiixtnite,  the 


How  a  proposed  lino  of  boundary  can  be  a  good  fortune  of  tho    French  and  Hritish  com 

liheral  oje.r  of  compromhe,    when  at  tho  sumo  missioners    iivder    the  Treatij  of    Utreeht,  fnj 

time  it   is    "  a   lino  of  right,"  "  marvellously  whom  it  was  .so  lone  aifo  estahlishrd." 
proper,"  cxtahlished  more  than  a  rentiiri/ aqo,        Jn  illustration  of  this   remark,   the   Senator 

giving  us  the  fidl  extent  of  our   true  claim,  it  has  exhibited  to    us   the   topogiaphy  of  tho 

is  not  necessary,  that  I  should  inquiro,  and  if  country.     1  sliall  not  follow  him  in  a  review  of 

it  were,  I  should  find  myself  at  a   dead  fault,  it,  but  contont  mv-^slf  with  remarking,  that  it 

('ompromiso,  ox  vi   termini,  includes  concos-  jjussoh  my  comp.oliension  to  cfuiceive,  how  a 

sion,  and  no  nation    codes  any  thing,    which  lino  con  bo  a  mtirri//oiM/i/  proper   or  a  vmreel- 

obtains  all  it  is  entitled  to,   and  all  it  has  de-  hnixlij  /iirhi/  one,  "  wondei  fully  adapted  to  tho 

manded.     And  ottiars   of  compromise,    when  natural  divisions  of  a  country,"  which  follows 

rejected,  never  furnish  ground  of  claim  for  an  none  of  its  geogi-aphical  features;  neither  ridge, 

opponent.     They  become,  as  though  they  had  nor  hill,  nor    valley,   nor    river,  nor  prairie  ; 

not  been  made,   leaving  both  parties,  as  Mr.  but  pursues  inflexibly  one  of  the  artificial  cir- 

Gallatin  expressed  it,  "free  to  contend  for  their  oles  of  the   globe,   from   the   summit  of  the 

whole  claim."  mountains  to  the  sea ;  which    cuts  at  right  an- 

During  the  long  and  animated  discussion,  gles  all  its  ranges,  and  in  the  middle  of  its 
which  this  subject  has  imdergone,  at  the  pre-  course, its  great  river,with  its  magnificent  basin 
sent  session,  in  both  bouses  of  C'ongress,  a  described  by  the  honorable  Senator  from  Mis- 
desire  has  been  expressed  by  many  of  those,  souri  as  "a  rotndrf/  vhirkran  hare  hut  one  pen- 
who  have  participated  in  it,  to  see  the  contro-  jiJe,  one  interest,  on»  government ,  and  that  people 
versy  terminated  by  tho  establishment  of  a  line  '  '.oidd,  he.  Amcriean,  that  interest  ours,  and  that 
*»f  boundary  upon  the  parallel  of  49".  I  do  gorernment  repuhliean.  ArcunsEi»  and  infa- 
not  recollect  a  single  speaker,  who  has  ever  mou8  he  the  man,  that  divides  on  alien- 
intimated  the  possibility  of  an  adjustment  less  ateh  it." 

favorable  to   this  country.      "Substantially,"        This  region.thus  recently  destined  to  empire 

was  indeed  the  qualification  of  one  honorable  and  indivisability,   is  not   only  about  to  be  di- 

membfi"  of  this  body,     l^ut  I  take  it  fo    grant-  vided,  and  almost  tho  moiety  of  it  alienated, 

ed,  that  when  England  insists   upon   conces-  but  that  division  is  so  7«rtnr//fWA7// ?w?;wo;>rr  and 

sions  south  of  that  lino,  and  is  prepared  to  ob-  nnhirhij,  that  it  will  cost  us  one  of  tho  proudest 

tain  them,  peaeeahly  if  she  eon,  forrihlii  if  she  attributes  of  our   independence — the   control 

mvst,  these  demands  are  "  substantial"  advan-  of  one  of  our  great  rivers,  within  our  own  ter- 

lages,  worth  their  consequences  to  us,  if  to  her.  ritory,  which  we  are  to  yield,  in  order  that  the 

The  honorable  Senator  from   South    Carolina  counti-y  alienated  may  find  ingress  and  egress 

(Mr.  Calhoun,)  has  assumed  this  parallel  as  a  to  and  from   the   ocean,  through  that  portion, 

proper  conventional  boundary ,and  the  Senator  which  ve  retain. 

from  Massachusetts   (Mr.  Webster)  remarked        l^ut,  I  repeat,  unfortunately   for  our  honor 

emphatically  in  answer   to  some  observations  and  our  interest,  the  boundary,  fixed  by  this 

ot  the  Senator  from  Ohio,  (Mr.  Allen,)    "  Byt  treaty,  is  not  the  parallel  of  49  degrees.    The 

the  gentleman  from  Ohio,   and  the  Henate  will  Senator  from    Missouri  says   it  is,  hating  the. 

dome  thejusliec  to  allow,  that  I  said  as  plainly  "  nonsense  of  every   inch  and    every    acre  vp  to 

as  I  could  sjieak,  or  jmt  doirn  vordsin  vtriting,  49",  and  tho  stipulations,  as  I  shall  show,  say 

that  England  must  not  expect  anything  south  of  that  it  is  not.     This   saving   expression,    "  the 

49o.       /  said  so  in  so  many  words.  nonsense  of  every  inch  and  every  acre,"  means,  I 

And  what  said  the    Senator  from  Missouri  suppose,  when   translated  into  plain  Engli?V 

on  this  point?      "Senators  may  now  see  why  we  shmdd  have  had   49,    had  not    England  .< 

for  twenty  years  I  have  adhered  to  this  line  of  manded  territorial  jurisdiction,  and  free  na^jg'c- 

Utrecht.     It  is  the  line  of  right,  which  gives  to  lion,  and  grants  of  land  south  of  tJiat  lin.,  and 


these  We  ii 
the  SciiiUo 
lie  siiys,  " 
Ikivc  ii.ird, 
mi  to  dm II 
Tim  pi- 
SI  II XV,"  ill  a 
party  goes 
It,  will  go 
this,  it  bee 
national  in 

I  lor  must  t( 
sinsr  iind  h 
tiiUHt  bo  cl 
on  the  sunt 
Tlu!  hdii 
rtwo  month 
wrrr.s.s-iiri/,  I 
'■/.y  the  line  o) 
second,  half 
thing  wioni 

'  ENCKOACIIA 

j      I    repeat 

^treaty  is  ik 

])(irt!uit  air 

our    ])art, 

^granted  to 

land  territo 

iinothor,  ad 

puage,  and 

'body,  we 

\i\.\i  arm  of  t 

'«f  the  eartl 

l>y  virtue  o 

.right  and  ol 

the   line  of 

J  ratified,   he 

claims,  and 

VVe  cede 

1  Vancouver' 

jwhich  has  \ 

nion  betwet 

it  comes  wi 

or  an  acre,' 

!/|uire.      Ju 

'Slave  exami 

Its  indeiitati 

Jiuiulred  mi 

r  lom'rom 

lot  heard  e: 

lone  but  th 

ione  volunta 

r^ield  it,  an( 

We  gran 

fcia  south  oi 


'iKihlf  u'atnt, 

Vfll/llf    of  tltv. 

.INK  or  TUB 

intnr  telln  \m 
nr,  timl  ilorn 
i/lit.tfrdft;  the 
Hritiflli  com- 

Utrecht,  htj 
rd." 

tlio  Senator 
ajihy  of  tlio 
1  a  reviow  of 
king,  that  it 
eivp,  how  a 
or  a  vmrrcl' 
aptful  to  tho 
/hicli  follows 
eitlior  ridge, 
nor  prairio  ; 
artificial  cir- 
Titnit  of  tho 

at  right  an- 
middlo  of  its 
lificent  basin 
or  from  Mis- 
,'  but  line  pc(h- 
d  that  pcnple. 
in,  nvd  that 

I»  AND  INPA- 

I  on    ALIEN- 

eil  to  empire 
out  to  he  di- 
it  alienated, 
mjwopir  and 
the  proudest 
-tho  control 
our  own  ter- 
rder  that  the 
B  and  egress 
;hat  portion, 

ir  our  honor 
ixed  by  this 
grees.  The 
8,  }tntm!j  the. 
y   acre  vp  to 

II  show,  say 
•ssion,  "  the. 
f"  means,  I 
lin  Engli?'. 
England  jr 
free  nnrigu- 
at  lin.,  anil 


r0 


ihr^e  we  will  yield  to  her.  So  well  content  in 
tlio  Scinilor  with  the  propositi  partition,  that 
lio  Hiiyx,  "  //  /.v  //;  the  vrif  words  I  nni.self  would 
hare  ii.seil,  if  the  tiro  iforernmntt.i  hud  lej)  it  to 
tiu  In  draw  the  luiundarij    hrlween  them." 

Tiui  principU)  that  more  or  /»'.«  is  "  nan- 
.vn.ie,"  in  a  i|Ui'Hti()n  of  bonmlary,  wiiero  each 
party  goes  for  itH  "  ris;ht"  and  not  obtaining 
It,  will  go  for  u  "fi(ht,"  is  new  tome.  If  after 
this,  it  be('omoH  engrafted  into  the  codes  of 
national  intenrominunication,  some  commiinta- 
tor  miiHt  tell  iiri  what  divid<^8  the  contineH  of 
.\i7i.se  and  voii-viise,  and  how  much  or  how  little 
niUHt  l»o  claimed  or  yielded  to  obtain  a  placo 
on  the  Kane  Ni<le  of  the  boundary. 

The  honorable  Senator  from  iMisnouri  said 

wo  niontliH  since,  "  up  to  that  line,  if  it  hirome.i 

■/irn:tsiir>i,  I  am  willine  '<'   /  iht."     "  Fartfi-nine 

i/'.v  the  line  if  ri^ht  with  me,  ami    artiiia  u/ion  the 

Isirioal  half  of  •   '•  iireat    ma.riin,    milimit  to  vo- 

'thinii  loioni;,  J  .shall -titltmit  to    no   invasion   or 

KNciioAciiMKNT  ///WW.  thiitline"  ! 

\      I    repciat,    unfortunately    the    lino    (jf  thin 

^treaty  is  not  the  parallel  of  4i>.     In  three  im- 

])(»rtaiit  arrangements,  or  rather  coiu;eHsion«  on 

our    part,    wo    have   nullifitid    tlnit   lino,    atid 

(granted  to  tho  JJritisb  government  jurisdiction 

iund  territory   and  riglits  south  of  it ;  and  in 

'unothor,  adopting  tho  implication  of  the   lan- 

f;uage.  and  the  construction  given  to  it  in  this 
,  »ody,  we  have  abandoned  the  navigation  (,f 
^au  arm  of  tho  ocean,  open  to  the  other  nations 
\)i  the  earth,  and  belonging  to  us,  as  to  them, 
)iy  virtue  of  our  independence.  'J'iie  line  of 
^yiiiht  and  of  f'shf,  and  which  was  to  become 
the  line  of  mii^ht,  will,  if  this  convention  is 
,  ratified,  lienceforth  exist  only  in  peremptory 
claims,  and  elaborate  speeches. 

We  cede    to  England   the  southern  cap  of 
V  V^ancouver's    Island,    an   important    position, 
jwhich  has  been  heretofore  a  subject  of  discus- 
sion between  tho  two  (Jovemments.   Whether 
it  comes  within  the  saving  clause  of  an  "  inch 
or  an  acre,"  nunc  nr  Ic.ix,   J  shall  not  stop  to  in- 
)f|uire.      Judging   from   the   imperfect  map,  I 
lavo  examined,  the  extent  of  coast,  following 
ts  indentations,  cannot  be  much  less  than  one 
uiulred  miles.     Upon  what  principle  of  right 
r  rom;;  rnmi.se  this  cession  is  to  be  made,  I  have 
ot  heard  explained.     For  myself  I  know   of 
lone  but  the  old  rule  of  might,    "  .itet    pro  ra- 
iom:  riilunt/ts."      England  demands  it,  and  wo 
'^ield  it,  and  that  tells  the  whole  story. 
'    We  grant  the  free  navigation  of  tlie  Colum- 
4»ia  south  pf  49"  iiulefinitely,  or  in  other  words 


forever.  Tho  stipulation  reads  thus  :  "  From 
the  point,  at  wliich  the  49th  parallel  shall 
be  found  to  intersect  the  great  northern  branch 
of  the  (.'olumbia  river,  the  navigatifm  of  tho 
said  braiK^h  shall  be  free  and  open  to  tho  Hud- 
son Uay  Company  and  to  all  British  subjects, 
trading  with  the  same,  to  tho  point  where  tho 
said  branch  meets  the  main  stream  of  tho  Co- 
lumbia, and  theiico  down  tho  said  main  stream 
to  tho  ocean,"  &c. 

Hero,  sir,  is  a  grant  of  fn'O  navigation,  hni- 
ited  indt^-d  in  its  use,  I  ii  tilimited  in  its  dura- 
tion. It  is  to  enduro  ao  ^'ii^as  the  Hudson 
liay  (.'ompany  shall  erulure,  and  to  ascertain 
the  longevity  of  the  onr,  we  must  seek  to  as- 
certain the  lonuovity  of  the  oiher. 

The  Hudson  Hay  Company 'aos  incor})ora- 
ted  by  ('iiarlcs  the  Second,  by  a  charter  dated 
May  2d,  KiVl.  Tho  third  section  of  that  char- 
ter provides,  that  "the  ])ersons  named,  &r. 
shall  be  oru)  body,  corporate  and  politic,  &c., 
in  deed  and  in  name,  &c.,  really  and  fully  /w- 
ei'ir,  iVc."  Aiul  tho  twelfth  section  provides, 
that  the  Corporiition  shall  "  'uijoy  &c.  all  and 
singular  tho  premises  hereby  granted,  with 
their  and  every  f>f  tl'^ir  rights,  members,  and 
jurisdictions,  prerogatives,  royalties  and  appur- 
tenances whatsoever,  to  them,  ^:c.  and  their 
successors  fohkvkr  &c.,  payi'ig  yearly  to  us 
for  the  same,  two  elks  and  two  black  beaver, 
whensoever  &c.  wo  our  heirs  ice.  shall  happen 
to  enter  into  the  said  country,"  &c. 

Thus  wo  find  tho  corporate  life  perpetual; 
and  aj)plying  the  charter  to  the  treaty,  we  have 
the  true  measure  of  the  obligation,  which  this 
stij)ulation  will  impose  upon  us.  No  one  in 
this  body  will  deny,  that  the  grant  is  without 
limitation,  and  will  exist  as  long  as  the  grantee 
exists,  unless  thoro  are  restraining  circum- 
stances, which  will  reduce  this  broad  term 
forerer  within  naiTower  limits.  No  member 
does  deny  it.  And  he,  who  seeks  elsewhere 
than  in  the  Treaty,  and  in  the  charter,  to 
change  this  privilege  from  a  perpetual  to  a 
temporary  one,  is  bound  to  state  his  case  fully, 
and  fairly  to  prove  it.  The  burden  is  upon 
him. 

Well,  sir,  this  effort  is  made,  and  it  is  our 
duty  to  investigate  it  ;  to  know  what  we  are 
actually  called  upon  to  cede,  and  how  we  can 
make  that  cession  less,  if  it  be  found  injurious^ 
in  itself,  or  dishonorable  in  its  character.  And 
this  effort  is  made  by  two  dii'erent  hypothesen, 
if  I  may  bo  permitted  to  divert  that  word  from 
its  true  moaning,  one  of  which  depends  upon 


I 


an  assumption  without  proof,  and  the  other 
upon  facts,  confusedly  and  contradictorliy 
stated  here,  because  imperfectly  known,  and 
which,  if  true  in  their  extent,  would  not  touch 
our  obligations  under  this  Convention. 

The  Senator  from  Missouri  has  cut  this 
new  gordian  knot  at  a  single  stroke.  "  Now," 
he  says,  "  there  happen  to  be  two  Hudson 
Bay  Companies,  and  those,  who  do  not  attend 
to  that  little  fact,  may  fall  into  gieat  error." 
He  then  proceeds  to  select  men)  molu.  one  of 
these  Companies,  as  the  grantee  of  this  privi- 
lege, and  limits  its  existence  to  twenty-one 
years,  and  thus  relieves  ua  from  the  embarrass- 
ment, which  is  obviously  felt  within  these 
walls,  and  which  will  become  a  grave  source 
of  dissatisfaction  out  of  them. 

Now,  sir,  if  the  honorable  Senator  be  cor- 
rect, what  sort  of  a  spectacle  are  these  two 
governments  exhibiting  to  the  world  \  Eng- 
land sends  us  a  projct,  granting  on  our  part 
one  of  the  most  important  privileges,  which 
one  independent  nation  can  yield  to  another, 
and  there  are  two  corporate  bodies  of  the 
same  name,  which  can  receive  it ;  one  tempo- 
rary in  its  duration,  and  the  other  perpetual ; 
and  the  grant  is  temporary  or  perpetual,  as  it 
enures  to  the  one  or  to  the  other.  And  yet 
this  Convention,  purporting  to  terminate  pre- 
sent difficulties,  and  to  prevent  future  ones, 
does  not  designate,  which  of  these  two  corpo- 
rations is  the  recipient  of  this  great  conces- 
sion ;  which  is  the  true  Dromeo ;  and  we, 
with  a  full  knowledge  of  all  this,  instead  of 
applying  the  proper  remedy,  and  identifying, 
by  a  resolution,  the  Company,  which  is  to  pro- 
fit by  our  concession,  are  gravely  employing 
ourselves  in  determining,  if  the  phrase  stands 
as  it  is,  to  whom  we  are  granting  it.  Ten 
words  written  in  the  Convention,  while  it  is 
now  in  our  power,  would  settle  this  question, 
and  leave  us  at  the  end  of  thirteen  years  in 
full  possession  of  our  sovereignty.  ]}ut  these 
words  we  have  refused  to  insert,  and  the  Sen- 
ator from  Connecticut  (Mr.  Niles)  found  but 
ten  votes  in  favor  of  his  proposition,  "  That  the 
right  of  navigating  the  Columbia  river,  secured 
to  the  Hudsftn  liay  Company  and  to  all  Bri- 
tish subjects  tradinu:  with  the  same,  be  limited 
to  the  year  A.  D.  18(53,  when  it  shall  cease  and 
determine  ;"  although  we  have  a  full  know- 
ledge of  the  expectations  of  the  British  go- 
vernment, and  of  the  construction,  they  put 
upon  their  own  words,  and  of  the  sentiments 
and  warnings  of  the   American  Minister,     in 


his  despatch  of  May  18th,  Mr.  McLane,  after 
stating,  that  in  consequence,  (among  other 
things)  of  an  expectation  that  in  the  United 
States  this  point  "  may  not  be  absolutely  in- 
sisted on."  tells  us,  that  the  British  Goveni- 
ment  "  could  not  be  induced  in  the  first  in- 
stance to  make  an  offer  with  such  a  qualifica- 
tion ;  yet  if  the  adjustment  of  the  cjuestion 
should  be  found  to  depend  iipon  this  point 
only,  they  would  yield  the  demand  to  the  per- 
manent navigation  of  the  river,"  &c.  But, 
sir,  neither  is  the  British  nor  the  American 
government  obnoxious  to  this  charge  of  double 
dealing,  by  proposing  and  ratifying  a  conven- 
tion granting  this  privilege  to  one  of  the  com- 
panies, without  identifying  which ;  and  with 
the  knowledge,  that  one  party  intends  to  apply 
the  stipulations  to  one  company,  and  the  other 
to  another. 

The  Senator  from  Missouri  says  there  are 
two  Hudson  May  Companies,  and  warns  us  of 
the  i;rrnt  error,  into  which  we  shall  fall,  if  we 
do  not  attend  to  this  Uttle  fact.  ]?ut  I  say  the 
honorable  Senator  has  himsclffallen  into  error. 
He  will  find  there  is  but  one  company.  He 
produces  no  proof  of  this  fact,  be  it  littlr  or 
grent — none  whatever.  It  rests  upon  state- 
ment. I  now  call  for  the  authority,  personal, 
political  or  historical.  The  necessary  proof 
devolves  upon  the  Senator,  who  has  the  affirm- 
ative of  the  question.  And  before  the  fact  can 
be  assumed,  with  a  view  to  influence  our  ])ro- 
ceedings,  its  existence  must  be  established.  I 
have  already  quoted  extracts  frr-m  a  charter, 
incorporating  one  Hudson  liay  Company  fiir- 
nrr.  Let  a  charter  be  produced,  which  in- 
corporates another,  for  a  limited  period,  and 
then  the  /iftfr  fact  may  prevent  the  great  error. 
Till  then  I  adhere  to  the  law  ami  to  t/ie  testi- 
mony. 

The  Senator  likewise  states,  that  the  old 
company  as  he  calls  it,  the  only  one  as  I  call 
it,  "  has  no  rights  under  its  charter  west  of  the 
Rocky  Mountains."  The  second  companj/,  he 
says,  exiHtx  vndcr  n  license.  "  It  bears  the  nan^e 
of  the  Hudson  Ray  ('ompany ;  but  it  is  so  dis- 
tinct from  the  chartered  company  of  King 
(Charles,  that  it  can  carry  on  no  trade  on  the 
waters  of  Hudson's  Bay,  as  the  old  Hudson 
Bay  (/ompany  can  carry  on  none  on  the  waters 
of  the  Pacific  ocean."  All  this,  sir,  is  in  my 
view  erroneous,  wholly  ro  ;  resulting  from 
some  misapprehension,  1  knnw  not  what.  No 
corporation  can  be  created  in  England  by 
license.     It  must  bo  done  by  charter,  with  or 


without  a 
trade  will 
special  pe 
ti>  i)reven 
liable.  If 
ed  by  Mi 
(.'(ingress, 
Vork,  wit 
Indians  ii 
States,  it 
blance  to 
virtue  of  i 
I  tive  to  issv 
similar  in 
existing  ai 
with  the  I 
V  8ued  to   t 
\  other  terri 
,1  for  a  term 
I  English  an 
sufficiently 
English  la 
\  not  be  a  c 
f  Company 
dividual  ni 
tliat  privile 
would  exii 
3  isted  befoi 
But,  sir, 
who  do  no 
^  Bay  Comj 
;  navigation 
H'ompany 
;1SG.'J,  bec) 
.for  an  exc 
west  of  th 
that  time, 
case. 

If  the  1 

the    Iluda 

i  franchise  ft 

done  much 

ratify  this  I 

'  grant   that 

without  lit 

J  ence  upon 

\  can  be  no 

U  leaver  up( 

>hunt  tigen 

ifrce  navigi 

i  Company 

they  shall 

not  for  us. 

itreaty  abo 

dians,  nor 


11 


[cLane,  after 
imong  other 
1  the  United 
ibsolutely  in- 
Itish  Goveni- 
I  the  first  iii- 
;h  a  qualifica- 
the  (|UC6tion 
on  this  point 
id  to  the  per- 
■,"  &c.  But, 
he  American 
"ge  of  double 
ng  a  conven- 
!  of  the  com- 
;h ;  and  witli 
jnds  to  apply 
ind  the  other 

lys  there  are 
1  warns  us  of 
all  fall,  if  we 
iut  I  say  the 
Ion  into  error, 
mpany.     He 
)e  it  little  or 
;8  upon  state- 
ity,  personal, 
essary  proof 
as  the  affirm- 
3  the  fact  can 
nee  our  jiro- 
tablished.     I 
■n  a  charter, 
ompany  for- 
which    in- 
period,  and 
le  great  error, 
d  to  the  tenli- 

that  the  old 
one  as  I  call 
r  wei5t  of  the 

amipdvi/,  he 
ars  the  nan"? 
ut  it  is  so  dis- 
iny  of  Kinpf 
trade   on  the 

old  Hudson 
)n  the  waters 

sir,  is  in  my 
suiting  from 
ot  what.  No 
England  by 
rter,  with  or 


]  without  an  act  of  Parliament.  A  license  to 
trade  with  tlie  Indians  there,  as  here,  is  but  a 
special  permission,  granted  by  the  (Tovernment 
to  prevent  the  abuses,  to  which  this  traffic  is 
liable.  If  the  American  Fur  Company,  found- 
ed by  Mr.  Astor,  had  been  incorporated  by 
Congress,  instead  of  the  Legislature  of  New 
Vork,  with  a  right  of  exclusive  trade  with  the 
Irulians  in  one  of  the  territories  of  the  United 
States,  it  would  have  borne  not  a  little  resem- 
blance to  the  Hudson  ]Jay  Company.  If  by 
virtue  of  another  act,  authorizing  the  Execu- 
tive to  issue  licenses  to  trade  with  the  Indians, 
similar  in  some  of  its  general  principles  to  the 

■  existing  act,  regulating  trade  and  intercourse 
with  the  Indian  tribes,    a  license  bad  been  is- 

,  sued  to  this  Fur  Company  to  trade  in  some 
I  other  territory,  than  that  named  in  its  charter, 
A  for  a  term  of  years,  the  analogy  between  the 
I  English andthe  American  Con"'>anies  wouldbe 

■  sufficiently  close  to  test  the  operation  of  the 
English  law  by  our  own.  This  license  would 
not  be  a  charter.      During    its    existence  the 

\  Company  would  trade  under  it,  just  as  an  in- 

'  dividual  might  do,  and   upon  its  termination, 

that  privilege  would  cease,  but  the  corporation 

would  exist,  with  all  its  other  rights,  as  it  ex- 

J  isted  before. 

But,  sir,  it  has  been  said  by  other  Senators, 

who  do  not  assert  the  existence  of  two  Hudson 

May  ('ompanies,  that   this   stipulation  of  free 

;  navigation,  though  granted  to  the  Hudson  Uay 

■U'ompany  without  limitation,  will  yet  expire  in 

llSG.'i,  because  their   license   from  the  crown, 

lor  an  exclusive  right  to  trade  with  the  Indians 

west  of  the  Rocky   Mountains,  will  expire  at 

that  time.     I   do    not  see    the  sequitur  in  this 

case. 

If  the  British  Government  have  granted  to 

.  the    Hudson    Bay     CJompuny    an   additional 

ifhiiirhise  for  a  temporary  period,    they  have 

done  much  more  wisely  tliaii  we  shall  do  if  we 

ratify  this  treaty ;  for   in  that  event  we   shall 

*  grant   that    company    an  additional  fraiuhise 

without  limitation.      The  one  has  no  depend- 

.,  ence  upon  the  other.     The  grant  in  this  treaty 

\  can  be  no  more  controlled    by  a  right  to  hunt 

■beaver  upon  the  (.^olumb'a,  than  by  a  right  to 

Uiunt  tigers  upon  the    (Janges.     This  right  of 

Ifrce  navigation  is   granted  to  the  Hudson  Hay 

iCiimpany  eo  ?iom,ne.     The  purposes,  to  which 

[they  shall  apply  it,  is  a  question  for  them  and 

jTiot  for  us.       There    is  not   one   word  in  this 

meaty  about  Imnting,  nor  trading  with  the  In- 

rdians,  nor  about  an  additional  license,  nor  the 


termination  of  the  privilege,  when  the  trade 
may  become  open  or  unprofitable.  All  thii.  in 
interpolated  in  discussion.  The  Senator  from 
Missouri  says  indeed  that  the  Treaty  "  stipu- 
lates for  a  company,  whoso  existence  is  to  ter- 
minate in  180;}."  My  copy  of  that  instrument 
cojitains  no  such  stipulation,  and  therefore  1 
shall  not  argue  the  point. 

But,  sir,  let  us  look  at  this  subject  a  little 
more  narrowly.  The  charter  of  the  Hudson 
Bay  Company,  as  we  liave  seen,  is  perpetual. 
More  than  half  a  century  since,  ancther  asso- 
ciation, known  as  the  North  West  Company, 
was  instituted,  which,  in  the  process  of  time, 
extended  its  trade  into  remote  regions,  and 
came  into  contact  with  its  rival  and  predeces- 
sor. Diflerences  arose,  which  ultimately  pro- 
duced hostilities,  and  an  open  war  was  for 
some  time  waged,  almost  under  the  arctic  cir- 
cle, in  which  the  Indians  were  arrayed  on  both 
sides,  and  much  blood  was  shed.  Peace  was 
at  length  restored,  and  the  two  companies, 
tired  of  their  antagonist  position,  united  to- 
gether, and  the  North  West  Company,  which 
was  an  unincorporated  associa'cion,  was  merged 
in  the  Hudson  Jiay  Company.  This  was  in 
1819,  and  in  1821  an  act  passed  the  British 
Parliament,  authorizing  the  crown  to  grant  li- 
censes to  trade  with  the  Indians,  west  of  the 
Rocky  Mountains,  wliich  region  not  being  in- 
cluded within  the  original  territorial  limits  of 
the  Hudson  liay  Company,  would  have  been 
otherwise  open,  for  a  period  of  twenty-cme 
years.  The  first  license  was  surrendered  in 
183S,  and  another  granted,  which  will  expire 
in  1859.  At  that  time,  if  not  renewed,  the 
trade  will  be  open       a\\  British  subjects. 

These  are  the  facts,  and  all  the  rhaterial 
<;nes  ;  and  now  for  their  application.  In  the 
first  place,  the  Treaty  contains  no  allusion  to 
the  licenses,  nor  to  the  state  of  things,they  have 
introduced.  The  free  navigation  is  granted 
to  the  "  Hudson  Bay  Comi)any,  and  to  all 
British  subjects  trading  with  the  same  ;"  whe- 
ther to  be  used  in  a  free  or  exclusive  trade, 
for  what  posts  or  purposes,  as  the  Treaty  does 
not  decide,  neither  can  we.  These  are  ques- 
tions for  the  grantees,  and  not  far  the  grantor. 

But  in  the  second  place,  if  the  license  is  re- 
newed, this //w  7tacigati(m  will  then  be  wanted, 
as  it  is  now,  and  if  not  renewed,  and  the  trade 
be  thrown  open,  the  Hudson  Bay  Company 
may  carry  on  their  operations,  Hke  other  Bri- 
tish subjects,  or  other  British  subjects  there, 
may  trade  with  them.      In  either  erent,  these 


is 


cures  the  existence  of  many  errors,  as  well  as 
corrects  them,  and  falsifies  many  predictions. 
But  it  is  wiser  to  avert  difficulties,  than  to 
meet  them.  Let  us  not  depend  upon  thui',  but 
upon  ourselves.  I^et  us  make  this  in.striiment 
what  we  all  say  it  ought  to  be,  and  thus  leave 
to  the  domain  of  the  future  one  cause  the  less 
of  controversy.* 

I  do  not  at  all  agree  with  the  Senator  from 
Missouri,  in  his  estimate  of  the  value  of  this 
right  of  free  navigation,  nor  of  the  limitation 
of  its  use  or  abuse,  which  circumHtanccs  will 
necessarily  impose  upon  it.  Ceitainly,  a  gen- 
eral grant  to  IJritish  subjects  indiscriminately, 
would  be  worse  than  this,  though  for  many 
years,  and  while  the  Hudson  liay  ('ompany 
retain  the  exclusive  trade  in  the  northern 
regions  of  Oregon,  the  effect  will  be  the 
same,  as  that  great  corporation  and  its  de- 
pendents must  be  the  only  traders.  This 
light,  freely  to  navigate  the  waters  of  one 
country,  secured  by  treaty  stipulations  to  ano- 
ther, is  liable  to  grave  objections.       ('arefuliy 


parties  may  use  the  navigation  of  the  river,  re- 
strained by  no  will  but  their  own. 

But  again,  what  right  have  we  to  say,  that 
this  company  shall  not  transport  their  goods 
to  and  from  their  factories,  within  their  orgi- 
nal  territories,  by  the  way  of  the  Columbia 
river  1  It  may  be,  that  some  of  the  most  west- 
ern of  these  factories  may  communicate  with 
the  ocean  moi'e  speedily  and  economically  by 
that  route,  than  by  Hudson's  l^ay.  Can  we 
say,  this  shall  not  be  done  ?  And  if  not,  the 
answer  settles  the  controversy.  Indeed,  no  one 
can  pretend  to  foretell  what  may  be  the  state 
of  trade  in  the  extensive  regions  north  of 
49",  some  twenty  years  hence,  nor  what  inter- 
ests of  the  Hudson  Bay  Company  may  require 
them  to  penetrate  there,  through  one  of  our 
rivers,  free  and  unobstructed.  What  purposes 
of  traffic  may  be  promoted  by  the  tenacious 
retention  of  this  privilege,  nor  what  "  Jkitish 
subjects"  may  choose  to  ti-ade  with  the  Com- 
pany, that  is,  buy  goods  of  them,  in  order  to 
enjoy  this  privilege  of  free  luiri^iition  with  the 

adrantdgts,  Icgitiiiutte  or  il/raitimtifc.  it  may  guarded  and  used,  it  is  still  an  encroachment 
bring  with  it.  In  fact  it  is  difficult  to  argue 
such  a  question  ns  this.  It  camiotbe  render- 
ed clearer  by  illustration,  nor  stronger  by 
analysis.  The  matter  lies  within  the  narrow- 
est compass.  The  treaty  grants  to  the  Hudson 
Bay  Company  the  right  /«/7iy  to  navigate  the 
Columbia  river,  for  a  period  co-extending  with 
its  own  duration.  Its  duration  is  perpetual, 
and  therefore  this  grant  is  perpetual.  And 
any  inquiry,  out  of  the  words  of  this  instru- 
ment, into  the  purposes,  to  which  the  grantees 
may  apply  the  privilege,  with  a  view  to  limit 
it,  is  to  adopt  a  mode  of  construing,  or  rather 
of  controlling  the  grant,  inconsistent  with  its 
language,  and  incompatible  with  the  condition 
of  the  parties.  By  what  process  of  law  or  of 
logic  shall  we  say  to  the  British  (rovernment, 
The  Hudson  Bay  Company  is  indeed  a  perpet- 
ual corporation,  and  wo  have  granted  to  it, 
without  limitation  of  time,  the  free  navigation 
of  the  Columbia  river;  but  you  have  granted 
to  it  another  fronclme  for  twenty-one  years, 
totally  independent  of  this,  which  you  may 
renew  or  not  at  your  pleasure,  and  tJimfnn' 
our  grant  of  free  navigation  is  limited  to  the 
same  period,  and  our  obligation  shall  expire 
with  yours.  This  would  be  cool,  and  if  sub- 
mitted to,  decisive.  [f  the  treaty  is  ratified 
without  alteration,  "time,"  says  the  Senator 
from  Missouri,  "  will  bring  an  argument  which 
no  one  can   raisunder  eiand."     Time,  indeed, 


*'l'lic  Senator  from  Missiniri,  in  u  notn  iippimdi'd  to  hi»  iirintcil 

b|)«.-<  til,  Ktatr.-*  !hut,  ■■  Hiiiff  this 'viirt  hpokfii,  tlu.  hitcr  ol'.Mr.  liii- 
cniiiiiiii  to  Mr.  M'.i.iiiu',  beforo  tlu:  rntiticr.tioii  ol'  tin'  'I'n-iity.  I1113 
Imm  n  piiiilii-licil,  in  wliiti)  our  Sccrctiiry  iiifornis  Mr.  Mcl.ani'  lljiit 
lie  liud  given  nolire  to  .Mr.  i'ackenhnni,  tliitt  the  ."'ennte  hint  ;ul- 
viieed  the  acceptnnee  (jC  the  liriti^h  ])r()p()r'ition,  in  this  limiteit 
t'en.^e,  untl  inr^tnii-teil  him  to  inlvi^e  i.urii  Alterdeen  aecoriiinyly. 
No  j)roteHt  has  he(  •!  ree(?ive(l  from  the  liritij'h  (iovennneiit 
ayainst  this  inuier.standinir,  .-^o  that  liie  question  ii*  at  an  erni.'' 

I  am  utVaiil  thf  (jii,^;icin  ha.s  nmre  vit.Jily,  tiitm  the  Senator  inni- 
idiief,  when  lie  thn^  vummarily  dispo.'^eH  of  it.  What  etU'et  it 
tormal  prolert,  iiceomjianyinii  the  ratification  of  a  treaty,  has  upon 
the  con.-tniction  of  the  hmmiaue  eniployrtl  in  it,  it  is  n<»t  necessa- 
ry to  in(niire  at  this  lime,  i'or  thai  ease  is*  not  before  us.  'riiu 
course  of  Mr.  liuehanan.  as  indicutej  in  thia  letti  r,  and  with  the 
fact.-*  as  he  t'elieved  them  to  exist,  was  c<n-rect  and  prudent  ;  and 
had  the  .^^cMKie  passed  the  I'esolutiou  he  anticipatei]  and  ribviously 
der-ired.  and  had  tiie  Mritish  ( eivernitHMit  received  it  without  any 
connt<r  declaration.  We  miu'ht  fairly  insist,  that  the  u'rant  in  thi) 
Treaty  was  eoulrolled  by  this  nnderstandiiiL'.  Hut  unt'ortunalely 
w-e  ai'e  depri\'ed  of  this  an.xiliary.  The'  .'^enate  not  only  jmssed 
no  Kuch  re.-ohilion.  but  ]iositiv(ly  rejected  one,  only  ten  menihcrii 
votiu'.;  in  its  fa\<tr,  and  the  ."^enatur  from  Misstairi  volin:;  against 
it.  .\iu\  this  took  place  the  day  before  the  date  of  .Mr.  Ilucbanaii'ii 
letter,  and  was  no  doubt  unknown  to  him  when  he  wrote. 

'I'liis  conversation  with  Mr.  I'ackeidiam,  whiih  Mr.  Mcl.ime 
was  ri'(piesteil  to  coniniunicate  to  Lord  Aberdeen,  and  which 
took  place  before  the  Trt.'aty  was  drawn  up,  sta-ms  to  have  had 
for  its  object  to  prepui-e  the  llritisli  <:overmnenl  for  some  b>rinal 
action  oil  our  i)art,  aiui  tlie  i)recaiition  was  a  prudct-t  one.  jiut 
this  acti(Ui  canu'  not.  nor  does  the  subject  present  itself  u|Kin  the 
records  of  the  ."'enate  in  the  sub.sequen!  stai:e  of  the  [U'oceedlnL's. 
\N'e  tiaik  \Uv  prnjit,  majtir  nuA  mimir  artiiirs,  luui  fnr  mirt^iitiim 
and  all,  and  did  not  even  atleiujit,  directly  or  indirecllv.  to  limit 
this  obnoxious  pnvilece.  What  Lord  Aberdeen  may  liave  saiil 
to  Mr.  Mcl.ane  in  th'rii'  '.■on\"ersatiou,  we  are  not  ttild.  Uut  cer- 
tainly, prote  ts  to  exjiound  treaties,  whether  exteudiiii;  in-  re- 
Ktramini;  the  mitiiral  import  of  the  lam.nini.'e,  must  be  nouU:  of  s/ir- 
Hir»(MJ)'tluui  the  report  of  a  convi-rsatioii.  statina  what  was  imder- 
stood  to  be  the  vh'ws  of  the  .'Senate,  (not  of  the  Kxecutivc.)  on 
till'  (inestiiln,  of  advisinR  that  u  Treaty  .should  be  formed,  and  be- 
fore it  was  even  tlrawn  up,  antl  :itatuiir  ulriO.that  on  its  ratilication, 
thi'ir  sentiments  would  be  iiuthentically  embodieil,  in  order,  no 
iloubt,  that  they  might  be  transmitted  with  the  Treaty  itself  as 
our  exposition  of  the  extent  of  our  obli^iations.  I  repeat,  the 
object  of  the  .Secretary  was  n  proper  one,  hut  hi.s  expi'ctationa 
were  ilefottttd  hy  Uw  uclion,  «r  rutht-r  by  the  iiiuctioii  of  tlio 
Senate, 


upon  mur 

easily  ma; 

and  the    i 

and  injun 

.•iiise  ill  iti 

ihcniselve 

iiu^nt  the 

arc  Itjcal  i 

oil  local  1 

'•If  tht^t 

wore  grai 

;i  source  o 

tween  the 

tioiis  in  til 

almost    ill 

could  be  t 

^    n^sptjctive 

]  on  eitli(!r .' 

iMxsides 

the  falls  ai 

I's,  the  usi 

i  mcnt  of  it 

^       IMiis  wc 

/    niitaiu  wi 

of  the  COL 

evil   beyoi 

I  confined  ti 

\       The   Bi 

these(V(Vr.v 

tion.     It  w 

.  that  the  as 

!  At  the  ver 

navigation 

by  Mr.  .M( 

very  positi' 

of  the  nav 

-   nection  wit 

it  were   di 

other,  he  v 

iHigfH'iatioi 

Hesides 

free  navigii 

ces,  which 

logo.      It  if 

I  tion, which 

1  the  light  a 

;  the  coiiinm 

■  ripids.      " 

Misuid  port.i 

((that  is,  tilt 

open." 

'  I  have  here  1 
I'.uchannn  to  M 
iciauniuiiicated  1 
jrcider  will  [.'am 
|ii.  .Mr.  Muchan 
Jliuaillustj-ulcd  t. 


■8,  as  well  as 
predictions, 
'ies,  than  to 
)(>n  tinii%  but 
<,  instrument 
1  thus  leiive 
luse  the  less 

IcMiator  from 
aluc!  of  this 
o  limitation 
istaiices  will 
liiily,  a  frcn- 
cnminately, 
tIi  for  niiuiy 
ly  (/'oinpauy 
lie  nortlieni 
A-ill  he  tho 
ainl  its  (le- 
lers.  This 
tcrs  of  one 
ions  to  ano- 
(..'arefuliy 
icroachmeut 


Icil  to  hiH  ))rintiMl 

li  ItiT  (if  Mr.  Itii- 
r  till'  'I'ni.ly.  Iiu3 
Mr,  .M(  l.iiii'i'  iliHt 
1'  .-'rlliitr  lliiil  :iil- 
I,   ill  tlii'<  liiniti'il 

rll  lircorililiiily. 
ifli  liiiviTiimriit 
!>  lit  an  f-iut.'' 
till'  Si'iiiitiir  iiiui- 
Whiif  ctli'it  II 
tri'iit\,  liiif*  iipim 
it  i-*  not  ni'ci'^.-ju. 
lii'loro  ii.'j.  Thi; 
1  r,  mill  Willi  ilii^ 
111  iiniili'iil  ;  mill 
I'll  mill  oliviimnly 
il  it  witliuiit  liny 
111'  uriiiit  in  rlit; 
lit  iiiitDrtuniiti'ly 

riDL  only  jiiisfi-il 
ily  trn  nu-inlit'rii 
in  \ntin!;  ii::,illi.''t 
('Mr.  lliiL'liiiiiiai'ii 
II'  wriite. 
ill  Mr.  Mol.nim 
ri'ii,  mill  wliicli 
riiii^  to  tm\n  tiiiil 
t'or  sonit'  liirniiil 
llilri't  oiii'.  Jlllt 
t  it.-i'lt"  iipiin  the 
till'  proi'i'i-illiiL'H. 

I  frir  mtri^'iititni 
liri'i'llv,  to  limit 

II  ruHV  liiivr  hhIiI 

till, I.'         Hut  I'l-T- 

t'\ti'iiilini:  or  n'- 
.  Im'  nuidi'  orndr- 
what  Wii-,  iiuiii'r- 
l-'sfrntivr.)  on 
t'oniii'it,  iinil  l)(>' 
>)i  its  ratitloMlion, 
I'll,  in  onlrr,  no 
Tri'uty  itsrll',  iw 
1  ri'|ii'nt.  till! 
lii.i  fXpi'ctntionH 
iuuctiuii   ul  tUu 


upon  municipal  jurisdiction.  If  abused,  as  it 
easily  may  lie,  it  cxposcm  the  public  revenue 
and  the  fiscal  system  of  a  coxmtry  to  losses 
and  injury.  And  questions  must  perpetually 
arise  iu  its  exercise,  delicate  and  dilficult  in 
lliciiiselves,  and  tjiving  to  a  foreij^n  govern- 
nu-nt  the  riufht  to  interfere  in  concerns,  which 
are  local  in  their  nature,  and  ought  to  depend 
iin  local  law. 
"If  tlu^  free  navigation  of  the  ('olumbia  river 
were  granti'd  to  (Ireat  Britain,  this  would  be 
a  source  of  perpetual  strife  and  collision  be- 
tween the  citizens  and  subjects  of  the  two  na- 
tions in  these  remote  regions.  It  wouhl  be 
almost  ini])ossil)le  by  any  vigilance,  which 
could  bo  exerted,  to  execute  the  laws  of  tho 
resp(}ctive  countries,  and  prevent  smuggling 
on  eiih((r  side  of  the  river. 

Besides,  there  are  several  portages  around 
the  falls  aiid  rapids  of  this  river  audits  l)rancli- 
es,  tiie  use  of  which  is  necessary  to  the  enjoy- 
ment of  its  free  navigation. 

This  would  introduce  the  subjects  of  (ircat 
iiiitain  with  their  merchandize  into  the  heart 
of  tlu>  country,  and  thus  greatly  increase  the 
evil  beyond  what  it  woidd  be,  if  they  were 
cimfiiu'd  to  th(!  channel  of  the  river."* 

The  British  government  felt  the  force  of 
these  (v'(vr.v,when  its  own  interests  were  in  (jucs- 
tion.  It  was  only  when  ours  were  involved, 
that  the  aspect  of  the  subject  was  changed. — 
At  the  very  time,  while  demanding  the  free 
navigation  of  the  Columbia  river,  we  are  told 
by  iNlr.  .McLane,  that  "  l..ord  Ai)erdeen  had 
very  positively  and  explicitly  declined  to  treat 
f)f  the  navigation  of  the  St.  Lawrence  in  con- 
nection with  that  of  the  Columbia  ;  and  that  if 
it  were  desiiablo  for  us  to  ofl'er  one  for  the 
other,  he  would,  on  Jio  account,  enter  into  a 
negoeititioii  in  regard  to  the  St.  liawrence." 

Besides  the  usual  objections  to  grants  of 
free  navigation,  there  are  pecular  circumstan- 
ces, which  increase  the  dangers  of  this  privi- 
lege. It  is  not  alone  the  right  of  frec^  naviga- 
tion,wliic-ii  is  granted  byllii.s  treaty,  but  it  grants 
the  right  also  to  use  the  -portages,  wherever 
the  connnunication  is  inferrn])ted  by  falls  or 
ripiils.  "  it  being  understood,  tiiat  all  the 
nsuiii  portages  along  the  line  thus  described, 
(that  is,  the  line  of  the  river,)  shall  be  free  and 
open." 

'  I  liiivo  hell'  HUli'^tiluti'il  fur  my  own  reinarku  llii'  woril:<  of  Mr. 
1  lliirliannn  to  Mr.  .Mel.nne.l  in  n  Irttrr  of  .Inly  I'J.  IHI.'i.  which  wan 
iiiiiniiniiciiti'il  to  the  ."^enati.'  Biiire  tlii.<  ilinciis.-ioii  took  plai'e.  'J'lio 
Irr.iilor  will  ;;nin  hy  thi.s  aniielironisin.  ami  will,  tlieri  Ibri",  pnrdon 
lil.  Mr.  lliii'haiian,  with  hin  uHiml  fr''  ,'  of  thought  anil  ilictioii, 
Iliuii  iUui'ralcil  tliiii  eulijcct  I'ur  bi'ltor        .  I  did  or  u/uld  du . 


Now,  sir,  no  one  knows  the  number  and  e.x- 
tent  of  roads,  thus  laid  open  to  foreigners  with- 
in our  territory.  I  have  traveled  along  portage 
paths  in  the  north  west,  some  miles  in  length, 
and  which,  from  the  physicial  conformation  of 
of  the  country,  left  at  considerable  distance, 
the  streams,  whose  interrupted  navigation  ren- 
dered necessary  this  tedious  mode  of  transpor- 
tation. AVhen  a  boat  rea:lies  one  of  these  im- 
pediments, it  is  taken  from  the  water,  and,  to- 
gether with  its  lading,  is  carried  upon  the 
shoulders  of  the  crew  to  a  navigable  point  in 
the  river,  and  there  again  committed  to  tho 
stream.  Tho  goods  are  formed  into  packages, 
adapted  to  this  labor,  and  may  thus  be  conceal- 
ed or  disposed  of,  with  little  risk  of  detection, 
and  in  contempt  of  revenue  laws  and  revenue 
(jfficers.  The  Senator  from  Missouri  sees  in 
the  kind  of  vesaels  to  be  used  in  this  naviga- 
tion u  further  jestriction  of  it.  For  myself,  T 
see  the  greater  danger.  Those  portages  ru'i- 
ning  into  the  country,  and  traversed  by  bands  of 
foreign  traders,  carrying  on  their  backs  the 
goods  destined  for  an  extensive  traffic,  will  fur- 
nish stations  for  smuggling,  which  no  vigilance 
can  prevent  nor  detect. 

This  treaty  coiitahis  stipulations,  which  grant 
an  unknown  portion  of  the  country,  as  far 
down  as  42"  to  ]?ritish  subjects,  seven  degrees 
south  of  our  line  of  r/^a^it.  The  third  and 
fourth  articles  arc  devoted  to  this  object. 

The  practical  difficulty,  we  now  experience, 
is  this,  that  we  know  nothing  of  the  number, 
extent,  position  or  value  of  these  claims. — 
Should  we  ratify  this  treaty  to-day,  and  be  ask- 
ed on  leaving  the  capitol,  how  much  of  our 
own  territory  we  had  ceded,  there  is  not  one 
of  us  cou'.d  answer,  whether  five  or  five  mil- 
lions of  a^res.  Sensible  of  this  absence  of  all 
knowledge,  we  have,  indeed,  passed  a  resolu- 
tion and  directed  its  immediate  transmission  to 
the  President,  asking  such  information  as  may 
be  in  his  possession,  and  as  will  enable  us  to 
discharge  our  duties,  with,  at  any  rate,  a  con- 
jectural estimate  of  what  we  give  and  what  wo 
retain.  But  we  find  fifteen  Senators  voting 
against  thi.s  call,  and  there  are  indications,  that 
we  shall  jjroceed  to  the  final  consummation  of 
our  labor,  without  awaiting  the  answer.*  Tho 
most  we  know,  aiul  it  is  not  much,  comes  from 
I/ord  Aberdeen.  Were  the  source  impartial, 
still  the  information  is  too  vague  for  discreet 
action.     But,  coming  as  it  does,  from  the  or. 

"nm  treaty  was  ratitied  tin-  same  day,  wiiiioiit  any   aiiawur  to 
tlie  cull,  which,  iudccd,  could  uot  have  bcca  given. 


I 


14 


,  gan  of  the  British  government,  we  may  well 
receive  it  with  ciiution,upon  t(eneral  principles, 
and  without  any  offensive  imputation.  Lord 
Aberdeen  told  Mr.  McLane  that  "  the  British 
settlements,  between  the  Columbia  river  and 
the  49th  parallel,  are  not  believed  to  be  nu- 
merous, consisting,  as  he  supposes,  of  a  few 
families,  and  two  or  three  forts  and  statioriS." 
South  of  the  Columbia,  we  have  no  informa- 
tion, positive  or  conjectural,  though  it  is  under- 
stood, that  the  late  or  the  present  governor  of 
the  Hudson  Bay  Company  holds  in  his  own 
right  one  of  the  best  positions  in  the  country. 
I  presume  this  lucky  example  has  found  or 
made  many  followera. 

Nor  does  the  treaty  define  the  uses,  to  which 
these  British  forts  upon  our  soil  may  be  put, 
any  more  than  their  number.  I  suppf)se  they 
are  hardly  designed  to  jjrotect  the  American 
flag. 

The  Senator  from  Indiana,  with  one  of  those 
flashes  of  tn'e  eloquence,  which  illuminate, 
while  they  .onvince,  has  happily  described  the 
j)osition,  ifi  which  this  treaty  will  leave  us.  In- 
stead of  being  joint  occupants  of  the  whole 
country,  as  we  now  are,  we  shall  cede  the  nor- 
thern portion  of  it,  and  became  joint  occupants 
of  the  southern  portion.* 

The  farms,  &c.,  of  the  "Puget  land  agricul- 
tural association"  are  to  be  "confirmed."  The 
tenure,  therefore,  of  this  property  is  unques- 
tionable. 

"  The  possessory  rights "  of  the  Hudson 
Bay  Company,  and  of  all  other  British  sub- 
I  jects,  occupying  land,  whether  north  or  south 
of  the  Columbia  river,  are  to  be  "respected." 
In  the  former  class  of  cases,  that  of  the  Puget's 
land  agricultui-al  association,  the  British  gov- 
crment,  I  presume,  had  given  initiatory  titles, 
\vhich  we  are  to  confirm  ;  while  in  the  latter, 
the  rights  are  derived  from  occupation,  and 
thence  the  difference  in  the  phraseology. 

What  will  be  effect  of  this  stipulation  to  "re- 
I  spect"  these  "  possessory  rights  ("       This  en- 
1  (juiry  has  been  made,  and  the  true  answer  is 
I  important.     AVe  know  the    object  of  the   Bri- 
tish government,  and  the  construction  they  wil] 

*Aii  article,  which  is  now  passing  thrnush  the  wcptrni  ))ri)KMn, 
I  fluiws  what  may  bo  cimscqmnci's  ol  tlicnc  iiiipriivideiit  ftruiits, 

iniidp  in  litter  i^niorunci'   it' the  extent  of  tlic  obliuiitidiis.  they  iiii- 

poKe  upon  us. 

•Mr.  Cieiiuis.  with  ten  <  thers,  recently  urriveil  at  .St.  I.onis  from 
I  Oreaon.  ie."  Tlie  Revillee  remarks,  tlint.  •■  on  perii'ini;  the  trea- 
I  tv  Mr.  Ci.  referred  to  llie  clause.  securiiiL'  to  the  iiiKhnn  liiiy  Com- 
Ipanie^  the  sites  they  have  selected,  tu  a  it  nuint  iiijiiritnis  agrffmeftt 

Jor  the    ^nt^TeM  of  thf  people  of  Oregon  ;  because   thi:*  company  in 

in  posi'e.-sion  of  the  best  »ites  south  of  •III*,  and  by  their  immense 
[capital  Hud  power,  break  dowu  all  Anicricuu  traders  who  attempt 
\  to  ccmpete  witn  them." 


put  upon  this  obligation.  Our  minister  has 
told  us  so  much.  "  A  perpetual  title"  to  all 
British  occuj)ant8.  Mr.  McLane  sujiposed  that 
this  claim  would  be  limited  to  tin;  country  be- 
tween the  Columbia  river  and  the  49th  paral- 
lel ;  but  if  such  was  at  first  the  intention,  it  has 
been  abandoned,  and  the  provision  now  covers 
the  whole  "  territory." 

"  Possessory  rights  shall  be  respected." — 
This  is  a  treaty  between  two  great  nations.  We 
are  told  by  an  honorable  Senator,  that  the  lan- 
guage of  the  article  is  "technical  and  precise," 
and  that  its  object  would  ■tain  to  he  for  the  ii>iut  of 
the  rompaiiii  and  other  British  siihji'ds,  till.  tliPij  ran 
remove.  This  presumed  motive  of  the  British 
government  is  contradicted  by  the  report  of 
our  minister  ;  and  the  characteristic  of  techni- 
cal precision  is  hardly  supported  by  the  words 
"  farms,  lands  and  other  property,"  descri])tive 
of  those  class  of  cases,  and  the  "respect  of  pos- 
sessory rights"  applied  to  another.  "  Posses- 
sory rights  shall  be  respected,"  Not  for  to- 
day, nor  for  to-morrow,  nor  tdl  the  oiniers  can 
reiiutrc  ;  but  indefinitely,  and  we,  who  are  im- 
])osing  the  obligation  u\nm  ourselves,  must  ex- 
pect to  have  it  construed  most  strongly  against 
us.  If.  at  any  time,  these  "  possessory  rights" 
are  terminated  by  grants  to  others,  they  will 
be  no  longer  "respected,"  and  we  fix  the  du- 
ration of  an  obligation,  left  without  limitation 
in  the  treaty.  "  The  first  words  of  the  arti- 
cle," (future  appropriation)  says  the  Senator 
from  Missouri,  "  admit  our  right  to  dispose  of 
these  possessions,  Sr.c."  The  treaty  says,  "  In 
the  future  appropriation  of  the  territory,  &c., 
the  possessory  rights,  &c.,  shall  be  respected." 
Certainly,  they  admit  it ;  iiut  unfortunately  for 
the  exposition,  which  the  Senator  would  give 
of  them,  it  is  precisely  in  the  act  of  appro])riH- 
tion,  that  these  rights  are  to  be  "  respected." 
The  British  Government  luidonbtedly  knew, 
that  before  tiie  land  was  sold,  ngreeably  to  our 
policy,  actual  settlers  would  be  undi.sturbed. 
So  far,  therefore,  is  this  stipulation  from  seek- 
ing to  provide,  a  short  time,  for  the  oc- 
cupants to  remove  oi*  the  change  of  govern- 
ment, that  it  may  not  come  into  operulitin  for 
some  years,  iiiid  <^ainiot  for  a  considerable 
time.  And  when  we  "appropriate"  the  land, 
how  are  we  to  redeem  this  obligation  to  "  re- 
spect" the  possessory  rights  of  the  occupants, 
but  by  converting  these  rights  into  actual  titles  \ 
We  cannot  convey  their  lands  to  any  body  else, 
and  ifwe  hold  them  we  must  hold  them  indefinite- 
ly, leaving  the  occupants  in  2)os8e8sion,  and 


with  theii 

policy,  at 

tutions.     . 

years,"  it 

souri,  and 

censed  coi 

The  assur 

"Hudson 

;'  all  Britis 

in  both  caf 

and  extent 

But  the; 

to  serious 

first  article 

■  boundary 

mountains 

adds,  "pro 

of  the  wh( 

south  of  til 

main  free  < 

Vancoin 

continoiit  I 

ilred  and  fi 

of  which  a 

I  part  is  call 

Canal  of  A 

afourth  Qu 

ofcommun 

bays,  and  tl 

? broader  or 

jand  cannot 

general  pn 

cular  powe 

'  ])rived  of  1 

Without  tli 

ted  States  < 

I    channel,  th: 

nations,  upt 

titled  to  Its 

assertion  of 

by  a  kind 

Britain  is  hi 

where  thor 

cation  is  cli 

•jion,  given  t 

,  Missouri,    i 

?  him, yet  [  t 

•  an  interpret 

to  a  part,  i.^ 

remainder,  i 

oration.     T 

and  eijnal." 

,ar<l  pnietro, 

wilex,  and  ti 

ivaters  beim 


niRter  has 
tlo"  to  all 
posed  thai 
ouiitiy  be- 
9th  paral- 
liuii,  it  has 
low  covers 

)octecl." — 
tioiis.   VVc 
at  the  lan- 
1  precise," 
llif<i)ikt  of 
till  tlicjl  ran 
the  British 
report  of 
i  of  tcchni- 
thc  words 
Llescri])tive 
;)cctofpos- 
"  I'oBses- 
S'ot  for  to- 
ownrrs  can 
ho  are  im- 
3,  must  ex- 
gly  against 
iiiry  rights" 
,  ihey   will 
fix  the  du- 
limitation 
jf  the  arti- 
e  Senator 
ilispose  of 
r  says 
•itory 
i!specte<l." 
iinately  for 
would  give 
a]>pro])ria- 
rospertod." 
illy   knew, 
ibly  to  our 
lulisturhi'd. 
from  sfck- 
for  the  oc- 
of  goveni- 
lation   for 
insidcrablo 
'  the  land, 
(in  to  "  re- 
occupants, 
:tual  titles  \ 
body  else, 
lindefinite- 
Bssion,  and 


15 


In 
&c.. 


with  their  rights  "  respected."  A  systetn  of 
policy,  at  war  with  our  practice  and  our  insti- 
tutions. As  to  the  limitation  of  ''seventeen 
years,"  it  is  imposed  by  the  Senator  from  Mis- 
souri, and  not  by  the  treaty.  I  find  no  "new  li- 
censed company"  there,  nor  any  "old"  one. — 
Tiie  assurarce  is  given,  in  the  one  case,  to  the 
"Hudson  Bay  Company,"  and  in  the  other,  to 
"  all  British  subjects,"  interested,  and  equally 
in  both  cases,  without  restriction,  as  to  duration 
and  extent. 

i>ut  there  is  still  another  stipulation  liable 
to  serious  objections.  It  is  the  proviso  to  the 
first  article.  That  article,  after  establishing  a 
boundary  upon  the  parallel  of  4?>"  fiom  the 
mountains  to  the  sea,  in  the  Straits  of  Fuca, 
atlds,  "provided,  however,  that  the  navigation 
of  the  whole  of  the  said  channel  and  straits, 
south  of  the  49th  parallel  of  north  latitude,  re- 
main free  and  open  to  both  parties." 

Vancouver's  Island  is  sejiarated   from  the 
continent  by  an  arm  of  the  sea,  about  two  hun- 
dred and  fifty  miles  in  extent,  different  portions 
of  which  are  known  by  different  names.     One 
part  is  called  the  Straits  of  Fuca,  another  the 
Canal  of  Arro, another  the  (rulf  of  fleorgia,  and 
afourth  Queen  Charlotte's  Sound.  This  channel 
ofcommunication.sometimcs  spreads  into  broad 
bays,andthen  contracts  into  narrow  straits.  But 
'? broader  or  narrower,  it  runs  from  sea  to  sea, 
I"  and  caimot  be  taken  from  the    great  mass  of 
I  general  property  and  appropriated  to  a  parti- 
*cular  power.     Nor  should  one  nation    be  dc- 
«])rived  of  its  use,  but  by  its  own  consent. — 
Without  this  provision  England  and  the  Uni- 
ted States  especially,  owning  the  coast  of  this 
channel,  through  its   whole   extent,  and  other 
nations, upon  ^b.^ral  principles,  would  be  en- 
titled to  Its  free  navigation.     Why,  then,    this 
assertion  of  a  mutual  right,  south  of  49"  unless 
by  a  kind   of  crrlmlon  of  a   roncliuiinn,  'Great 
J?ritain  is  hereafter  to  claim  that  north  of  49" 
•where  there  is  no  stipulation,   this    communi- 
cation is  closed  to  us.     Such  is  the  construct- 
ion, given  to  the  claim  by  the  Senator  from 
Missouri,    and    though  I  do  not   concur  with 
f  him,  y<!t  I  think  it  our  duty  to  guard   against 
an  interpretation,  which,  by  asserting  our  right 
to  a  part,  is  construed  to  qcde  our  right  to  the 
remainder,  and  that  without  the  slighest  consid- 
«nation.     The  Senator  says  "the  proviso  is  fair 
and  e(|ual."     "  TIv.sV  thr  straitx  nprn  from  the  sva 
(It'll  pniiiriite  tin:  rntitiiinif    iihout   onr  liunilrvil 
'iiiivs,  and  then  hranvh  north  and  south."  "These 
.vaters  being  all  narrow  and  inland, become  our 


private  waters,  and  are  subject  to  our  municipal 
jurisdiction.     So  of  the  straits,  which  go  north.  • 
At  first  they  open  out  largely  behind  Vancou- 
ver's Island  and  make  the  C  ulf  of  Georgia, 
then  they  contract,  &c." 

"Those  narrow  waters,  like  those  of  Puget's 
Sound,  &c.,  are  private  property,  subject  to 
the  municipal  jurisdiction  of  the  British,  to 
whom  they  belong.  I  hold  the  proviso  to  bo 
conformalde  to  the  laws  of  nations,  and  fair 
and  equal  in  itself,  and  fully  approve  of  it." 

For  myself,  sir,  /  hold  the  jrrovuo  to  he  mm- 
conformahle  to  the  lawn  of  nations,  tinfair  and 
vnvqual  in  itself,  and  fully  dixapprore  of  it. — 
This  doctrine  of  a  tnare  elaiisum  is  unsuited  to 
the  age,  and  unacceptable  to  it.  It  is  antiqua- 
ted like  the  treaty  of  Utrecht.  It  seeks  to  ap- 
propriate to  one  nation,  what  God  gave  to  all 
the  earth,  the  use  of  the  waters  that  surround 
it.  At  one  time  it  almost  made  of  the  British 
channel  a  British  river,  upon  which  England 
claimed,  that  the  ships  of  other  nations  should 
not  sail  without  an  acknov/ledgment  of  her 
supremacy. 

But  there  ia  an  obvious  difference,  which, 
however,  has  escaped  remark  ;  between  the 
waters,  such  as  Puget's  Sound  and  others  which 
penetrate  our  territory,  and  there  termmate; 
and  the  arm  of  the  sea,  extending  from  Cape 
Flattery  to  Cape  Caution,  which  separates 
Vancouver's  Island  from  the  continent,  and  is 
a  great  line  of  communication,  open  to  tho 
ocean,  and  communicating  with  it  through  its 
whole  extent. 

[I  find  this  subject  so  clearly  stated,  and  the 
true  doctrine  so  ably  laid  down  in  a  letter  from 
Mr.  Buchanan  to  Mr.  McLane,  dated  Feb.  26, 
1846,  that  I  am  tempted  to  make  a  quotation 
from  it: 

"  There  is  one  point,  which  it  is  necessary  to 
guard,  whether  the  first  or  the  second  propo- 
sition should  be  submitted  to  by  the  British 
government.  The  Straits  of  Fuca  is  an  arm  of 
the  sea,  and  under  the  public  law,  all  nations 
would  possess  the  same  right  to  navigate  it 
throughout  its  whole  extent,  as  they  now  have 
to  the  navigation  of  the  liritish  channel.  Still, 
to  prevent  future  difficulties,  this  ought  to  bo 
clearly  and  distinctly  understood.  It  is  ren- 
dered tho  more  necessary,  when  we  recollect 
that  the  Russian  government,  not  many  years 
ago,  asserted  a  claim  to  the  exclusive  naviga- 
tion of  the  Northern  Pacific  Ocean,  between 
its  Asiatic  and  American  territories,  on  the 


16 


principle  that  it  was  a  '  close  sea.'"*] 

Under  these  circumstances  what  should  wo 
do  I  Voluntarily  exclude  the  American  flag 
from  an  arm  of  the  ocean,  and  thus  shut  it  up, 
or  amend  this  proviso  by  doclarinp  that  the 
whole  of  these  straits  is  free  to  us,  as  well  as 
to  all  other  nations,  so  that  thoy  shall  neither 
expressly  nor  by  implication  pass  under  the 
8overei>^nty  of  a  single  power  1  Wliat  possi- 
ble objection  can  be  urged  against  this  course? 
Would  England  reject  this  convention,  because 
wo  refuse  to  accede  to  this  proposition,  which 
even  here  is  construed  into  a  surrender  of  an 
essential  characteristic  of  national  sovereignty  f 
No;  and  if  she  did,  she  would  do  ho  at  th*e 
risk  of  encountcringthercproachof  the  world, 
and  the  indignant  feelings  of  this  whole  coun- 

Now,  sir,  what  is  our  position  1  There  are 
serious  objections  to  this  treaty.  We  all  agree 
to  that ;  every  one  of  us.  Doubts  exist,  as  to 
the  extent  of  some  of  its  stipulations,  but  none 
as  to  their  unfavorable  character,  whether 
more  or  less  restrained  by  construction.  Nei- 
ther our  own  minister,  nor  the  liritish  govern- 
ment expects  its  ratification,  witliout  modifica- 
tion. That  is  evident.  There  is  an  ample  re- 
medy within  our  reach  for  some  of  these  evils, 

*[t  will  bo  pcrmvcd  that  this  pxtract  is  inirrfcr)  hi'ri'.  though 
tint  rpixl  in  the  ScimU'.  tici'iuisc  it  fully  illustmli"*  the  r-ulijcct.  it 
hiiil  not  been  couuuiiiiicHtod  to  (^myiesH  wliun  this  iliscussiuii 
took  phico. 


if  not  for  all  of  them.  A  remedy  without  ha- 
zard and  without  cost.  Let  us  ask,  and  we 
shall  receive.  Let  us  not  accept  as  an  ultima- 
tum what  is  not  intended  as  sucii.  If  we  must 
hasten,  let  us  hasten  slowhi.  It  is  a  wise  old 
maxim,  and  none  the  less  wise  for  its  age.  The 
responsibility  is  upon  tho  Senate.  Wo  ha.-o 
taken  it.  It  becomes  us  faithfully  to  meet  it. 
To  gain  all  wo  can  for  our  country,  without  loo 
great  a  sacrifice.  The  whole  matter  is  within 
our  reach.  Ourhand  is  still  upon  the  instrument. 
Not  one  obligation  is  yet  imposed  upon  us. 
We  may,  therefore,  fully  exposes  the  nature  of 
the  duties  we  shall  tnke  upon  ourselves,  if  we 
become  a  party  to  this  treaty.  VV'e  ought, 
searchingly  to  examine  them,  in  order  to  reject 
or  modify  them,  if  found  too  onerous.  TJiis 
is  equally  the  dictate  of  wisdom  and  of  pa- 
tnoti.sm.  My  a  conditional  ratification,  we  can 
assert  our  own  honor  and  strip  these  objection- 
able stipulations  of  their  most  obnoxious  fea- 
tures. If  imposed  upon  us  witliout  an  cfibrt 
to  avert  them,  and  with  the  knowledge,  that 
we  cati  avert  them,  or  some  of  them  and  will 
not,  I  am  afraid  we  siiall  regret  our  precipitate 
action,  and  the  country  an  arrangement,  wliich 
will  give  us,  neither  what  we  demanded  nor 
what  we  offered.  Neither  GO"  nor  ;j4'  40o,  nor 
rjl",  nor  49'>,  nor  the  line  of  Utrecht,  nor  tho 
line  of  ri^ht,  nor  the  valley  of  the  Columbia, 
and  which  creates  obligations,  not  less  injurious, 
than  unacceptable. 


»» 


;,.      .    » 


.'        f" 


\    . 


:.-A.f; 


>■•     -,..r    w' 


vitliout  lia- 
c,  and  we 
an  ultima- 
f  wc  muBt 
a  wise  old 
i  aa[e.  The 
Wo  luivo 
to  meet  it. 
I'ithout  too 
;iis  within 
nstniment, 
I  upon  UH. 
!  nature  of 
Ivos,  if  wo 
A^e  oucflit, 
31-  to  reject 
JUS.  This 
and  of  pa- 
in, wo  can 
objection- 
jxious  fea- 
t  an  eflort 
lodjifo,  that 
m  and  will 
precipitate 
ent,  which 
mded  nor 
4'  40(),  nor 
It,  nor  the 
C/olumbiu, 
8  injurious, 


I 


i 


